PROCEDURE FOR DEBTOR OR DEBTORS SEEKING SANCTIONS AGAINST A CREDITOR OR OTHER PARTY FOR AUTOMATIC STAY VIOLATIONS

Procedure For Debtor Or Debtors Seeking Sanctions Against A Creditor Or Other Party For Automatic Stay Violations

  • A WRITTEN STATEMENT SIGNED AND NOTARIZED BY THE DEBTOR OR DEBTORS EXPLAINING IN DETAIL THE ACTIONS BY THE CREDITOR OR OTHER PARTY.
  • ANY OTHER INFORMATION THAT FURNISHES PROOF THAT THE CREDITOR ACTED IN A HARASSING MANNER, SUBSEQUENT TO THE FILING OF THE BANKRUPTCY, IN AN EFFORT TO COLLECT A DEBT CLAIMED BY THAT CREDITOR, OR OTHER PARTY, AGAINST THE DEBTOR OR DEBTORS.
  • ANY WRITTEN STATEMENTS BY ANY PERSON OR PERSONS, WHO ARE WITNESS TO THE ACTIONS OF THE CREDITOR OR OTHER PARTY.
  • ANY PHONE RECORDS, OR OTHER RECORDS, INCLUDING PHONE MESSAGES, EMAILS, OTHER CORRESPONDENCE OR OTHER PHYSICAL DOCUMENTS THAT WOULD PROVIDE PROOF OF THE CREDITOR OR OTHER PARTY’S ACTIONS IN VIOLATION OF THE AUTOMATIC STAY PROVISION AS CONTAINED IN THE BANKRUPTCY CODE.

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