Legal Question in Bankruptcy in California

Re: Violation of the Stay Threatening Collection with Gun

Wow - that's one of the better stories I've heard in my years of doing this. I agree with attorneys Cohen and Bravos, except I would go one step further. In addition to moving to dismiss, I would pursue an action against the plaintiff for violation of the automatic stay for monetary damages. I've found that with people like that, you really have to beat them down to get them to back off. Good luck.

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Re: Violation of the Stay Threatening Collection with Gun

You might want to immediately file a motion to dismiss, along with declarations from you and the witness, and attach the police report (if any), or copy of the court docket showing the charge. It sounds rather egregious.

Re: Violation of the Stay Threatening Collection with Gun

You will need assistance to bring this breach to the court's attention. I would attempt an ex parte appearance if available for a expedited ruling on a motion to dismiss. Contact me directly.