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  1. #1

    Default Compensation for Violation of the Automatic Stay by a Creditor

    My question involves bankruptcy in the state of: Montana A hospital that I included in my chapter 7 continues to call and send bills after having been notified of intent to file Chapter 7 being notified by the court of filing and being notified by the court granting of bankruptcy effective November 28, 2017. My Attorney advises me to settle for $3000 -40% attorneys fees. I replied that there have been numerous violations by this hospital billing department phone calls bills etc. but he told me if I do not settle for 3000-40% that I could end up getting nothing based on a case where the bankruptcy judge granted no judgment save attorney fees and transportation cost to court. My Attorney tells me he deals With this hospital often on this matter and to that I say if this is a habitual offender who is constantly found in contempt of court for violating the state it tells me heís a repeat offender who is taking a slap on the wrist and couldnít care less about the ruling on the bankruptcy court and that he is essentially flagrantly disregarding the law.

  2. #2
    Join Date
    Mar 2013
    Posts
    14,394

    Default Re: Automatic Stay Violations Contempt

    Your bankruptcy is over. Your debts discharged. Your debt to the hospital is discharged.

    You haven't really be damaged by the hospital person's behavior.

    Take the money and be done with it.

    It's $1800 that you didn't have before and you can litigate for years without any guarantee of getting more.

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