motion for contempt ?

[kimsch72]

What is the name of your state? south carolina

My husband and i filed ch7, and have had our creditors meeting. we have a creditor that keeps calling and threatening us and saying they will ruin my husbands career if we do not reaffirm a debt with them. it is for a unsecured loan and on the reaffirmation paperwork the % they stated was outrageous. we do not want to reaffirm this debt. we filed pro se. I have filed out the motion for contempt paperwork and i am going to file it with the bankruptcy court. i was wondering what a request for sanctions was. what are we entitled to. all we want is this debt to be discharged in the bankruptcy. we are worried that they are going to file a complaint on the dischargability of a debt paperwork before our bankruptcy is finished. if we file the contempt paperwork will that help us out if they do file the complaint against us. any help on this matter will help. how long do they have to file a complaint against us and if they do would that put our whole bankruptcy case on hold or would all the other debts be discharged except this one until all this mess is over with. thanks for your help..

 

[Ladynred]

The fact that they've been harrassing you ILLEGALLY will have a big impact in ANY complaint or objection they may file. They are REALLY pushing it and you need to get that Motion filed ASAP. Request for Sanctions just means that you're asking the BK court to punish them for their illegal actions and to make them stop. The Request for Fines and Sanctions is you asking the court to really spank this creditor and make them PAY too, the BK court has little tolerance for that kind of illegal behavior and these people are stepping waaaaayyy over the line.

After your 341, creditors have the next 60 days to file any objections they may have. It may not stop the rest of the debts from being discharged, but it could draw out the bankruptcy until their complaint(s) are dealt with.

They'd be dumb as a box of rocks to file an objection when they've been breaking the law 6 ways to Sunday ! That's why you really need to get your Motion for Contempt in right away.

AS for your DH"s career, I suggest that he find out from either his company commander or the legal office whether or not there's any problem with the bankruptcy. Military are NOT forbidden from filing bankruptcy, so their threat is mostly bullsh*t, but he should find out where he stands. Again, this creditor is breaking the law.. big time, and that's NOT going to help them. Once you find out EXACTLY what repercussions there may be, if any, with his career, then you'll know what to do and how to handle these scumbags.

 

[kimsch72]

another ? for ladynred

thanks for responding so quickly ladynred.
i also have another ? for you. i have the paperwork all typed up.. i have no idea what to ask for in regards to damages. can i ask for what the loan amount is. i have no idea if they have a limit that we can request for damages or not. the full loan amount with them is 5152.00 i know my husband cant be in trouble legally. all he would have to do is tell his supervisor. it just looks bad when the commander has to come to him and ask him about the debt. i am going to go and file this paperwork tomorrow. i am tired of them calling and it is so stressful. i have filed out the motion for contempt from one of the templates you had posted in one of your other responses. is that all i need to do is file it and then the court takes it from there. what happens after i file it. does the creditor get a copy of it, do they have to respond to it by a certain time frame.thanks for all your help.

 

[Ladynred]

Ok, looks like you have to have that Motion for Contempt served upon the Trustee and the creditor you're filing it against. That usually means you must have a certificate of service for each one and I would mail it certified, Return receipt requested. The BK court clerk should be able to help you some.

Don't you have a lawyer on this ???

I don't know if you have to specify a number for the amount of damages, but you DO want to request court costs and attorney's fees (if any). Damages can add up depending on what the court allows, certainly monetary damages you can prove, but you might be able to get damanges for all the added stress they've put you thru.


The creditor will have 20 days to respond to your Motion for Contempt. I hope you've added all the details of the things this creditor has said and done since you filed. If the court is going to act on it.. and they most likely will, there will probably be a hearing, with any luck the BK judge will nail their butts to the wall.