Chp 7 Bankruptcy Discharged!! Help still needed!

[chyna1057]

I used federal exemptions. Also, in BK Schedules, I did check "YES" and listed the the info for the levy. My balance would have been less then $100 at the time of me filing for BK. When the levy occurred, it was the time of month when I pay the big bills. Rent, car, etc. I'm going to go forth with the motion to vacate.

Just one more thing,

Do I have to send the creditor's lawyer a copy of the actual motion or just letter notifying them that I'm filing? I noticed when they were trying to file a motion for turnover, I didn't get a copy of that motion. Only a copy when they withdrew telling me what they were doing.

 

[Ladynred]

Since you used Federal exemptions, you could have exempted all the cash in the bank anyway.

File the Motion to Vacate with the Court. Its the judge's decision anyway and there's really not a thing the judgment creditor can do - the underlying debt has been discharged.

 

[chyna1057]

Oh lord!!! Spoke too soon. What went wrong??!!


I finally received my discharge paper and thought my nightmare was over. Guess again. 1 week after receiveing my discharge paper, I received a notice from the creditor's attny saying that their previous debt was not disharged, so here I am. I need help beacuse I don't know how they feel that their debt was not discharged when they were listed in my bankruptcy petition.

What went wrong??!!!!!

In addition, I never received anything during the bankruptcy saying they were disputing the discharge. They were definitly listed because I made it a point to list them specifically.
I think that they are trying to take advantage of the fact that I didn't have a lawyer and I don't know the laws. I will be consulting with one tomorrow. The amount that I owed this creditor, is $3,902 and they've already levied upon $1,111. To me, that's alot of money. To the creditor I'm can't imagine that being alot for them.

Anyone considering filing on their own and your dealing with judgements for wage garnishments, levies on bank accounts, and other legal collection methods, I'd recommend NOT even considering the option....GET A LAWYER!!!!!

 

[Ladynred]

Ok. What EXACTLY is this creditor attorney's letter say ??? It is TOO LATE for them to object to the discharge of your debt to them, your case is OVER and the time for objections expired.

What was this debt for ? Was it the same one the judgment was granted for ??

 

[chyna1057]

Look what I found on the creditors that sued me and won a judgment!!!!

Ladynred, these are the people who are trying to get past my bankruptcy discharge. I found this on the internet when I was trying to find/check the address I had for them in my bankruptcy petition. I thought maybe, somehow, I listed the wrong address in my petition. But Nope! I'll be searching the internet to find out more about them. Also, I'll type up the letter they sent me in a little while.


Pressler & Pressler /New Century Financial Services. Some More Toxic Waste of The Collection Business Cedar Knolls New Jersey

Company
Pressler & Pressler
Address:
16 Wing Drive
Cedar Knolls New Jersey 07927
U.S.A.
Phone Number:
973-753-5100
Fax:


Pressler and Pressler is a partnership of lawyers who collect alleged debts.
The principal is Sheldon H. Pressler of Hopatcong, NJ.
These guys also help make the rules of the court in which they practice.
Pressler can probably never prove the debt you are alleged to owe.I suspect that New Century is a front for Pressler as Pressler cannot buy alleged debts and then sue in their own name. They set up New Century so they can buy debts which were written off by the original creditor. THIS IS FRAUD!

Here is how they work. An old credit card or loan company sells its list of bad debts to collection agency A who sells it to collection agency B who sells it to collection agency C who sells it to New Century. New Century usually says in it's complaint that "we have purchased the debt" leaving the impression that they bought it from the credit card or loan company. They usually do not have proof of the alleged debt (i.e. the contract) which is required, nor can they prove that they are the the new owners of the alleged debt.Pressler is notorious for violating the Fair Debt Collection Practices Act

Ricky
Garden city, New Jersey
U.S.A.

 

[chyna1057]

Motion for Turnover received after BK debt was discharged!

Ok, here's the body of what I received yesterday from Attonery/Collection agency...I guess this collection agency is both a lawfirm AND collection agency.

1. I am an attorney at law in the state of NJ and am associated with the firm of Pressler & Pressler, attorney for plaintiff, and am familiar with the facts of this case.

2. A levy was placed in the amount of $1,111.72. Subsequently, defendant filed BK and was discharged. The discharge automatically vacates the automatic stay.

3. The levy is the above matter did not violate the BK Act and was not voided by any BK proceedings. Plaintiff is entitled to the entirety of all monies listed in this lein.

4. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

What a crock!!!!

This debt was originally for a credit card of about $1000 limit. I was paying for until I got to the point of food or credit card payment. My ignorance led me to ignore the letters from the cc company. Debt was brought and passed on to collection agency to collection agency until it landed in Pressler/New Century Financial's hands; who won the judgment that authorized the levy. Total judgement was up to $4,300.00

I just don't understand what went wrong because they were listed in the BK petition. Any how, I filed my motion to vacate judgement, along with a copy of my discharge and a copy of my BK petition. Court received my letter yesterday morning.

 

[Ladynred]

Crock is right. The underlying debt for which they levied your account has been DISCHARGED, they can no longer collect on it in any way. If you'd had a lawyer, this levied money would have likely been returned to you before this or the Trustee could have gotten it back from them.

At any rate, they're full of it for sure. They are NOT entitled to the funds:

From the Bankruptcy Code:

§ 524. Effect of discharge

Release date: 2004-03-18

(a) A discharge in a case under this title—
(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

(3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541 (a)(2) of this title...

The judgment is void -- so is their levy.

Did you speak to a lawyer yet ??

 

[chyna1057]

Hi ladynred!

I spoke to 3 yesterday.

1st one said no chance with him helping me because I decided to file on my own i should continue on my own. I guess because at this point, they would not be making any money so why bother.

2nd one tried to get me to write down all the legal terms and codes and blah blah blah over the phone. Which I thought I had until I hung up and reread my notes. Can you say.... Another Language?

3rd lawyer wanted me to fax over exactly what the collection/lawfirm sent to me. He's gonna look it over and hopefully, he'll help me. I'll take that as a good sign and cross my fingers that he'll call me back.

At this point, I don't care about the money they levied upon because I've survived this long with out it. My concerns are because if they are doing something illegal and are using the fact that they are also a law firm to find loop holes around the bankruptcy law, then they should pay. I believe that law firm is home to a bunch of crooks and if they are using their talents to take advantage of the system and break laws, then they should and will end up paying in the long run. Hopefully, sooner then later cuz karma is a b*&ch! Wish me luck!

 

[chyna1057]

Advice to let it go? Tell me what you think.


Ladynred and any others who'd like to comment.

I finally got in touch with a lawyer willing to help me out. Looked at my case and said that the amount that they are asking for isn't worth fighting for becuase it's the same amount($1100) that it would cost me to have a lawyer go to court amend the petition and vacate the judgment. I don't have anything to gain by fighting the collectors. Main concern was that the collectors were violating the BK discharge and I thought they were trying to get the full amount of $4300. Not just what was levied upon. So at this point, I am willing to let them have it,since it's been 5 months ago that's this has happened and I am looking at the bigger picture here. The debt was discharged. I've moved on and I'm not missing it. So what do you think? Should I listen to the lawyer? If so, How do I make sure that the levy amount is all that they are asking for? And if it is How would I withdraw the Motion to vacate the judgment?