Legal Question in Bankruptcy in California

Violations of Stay

What is the correct method to pursue a violation of the automatic stay, i.e. is it a motion, an adversary hearing, or what? For a creditor that knew about the stay and continued anyways. Also would a storage facility where I was way behind, that held my business assets, and my personal property furniture stereos etc, all of my records(business, IRS etc) and tens of thousands in material for my construction business, be exempt from the Automatic Stay? Finally how would you valuate personal things like pictures or home movies, autographed books etc,, maybe worthless on the open market but precious to me?? Any help would be appreciated.

Thanks for your quick reply

Gary


Asked on 7/22/04, 7:47 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Violations of Stay

Keep a log and, if you have caller ID, take a picture of the device each time that creditor calls. Also, you should send a certified, return-receipt "cease and desist" letter, informing them that their calls are causing you extreme emotional distress (if they are). After you do that, if the conduct continues, then you can file a motion seeking sanctions.

You'd better read the storage contract. I wouldn't even venture advice on that subject, although generally the bankruptcy filing acts as an automatic stay on collection of any debt.

List all of your personal property on the schedules and list their true value if liquidated, often as "0".

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Answered on 7/22/04, 7:58 pm


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