Legal Question in Bankruptcy in California

Creditor Harassment

A bankruptcy was filed in Sacramento in October of 2001. All creditors were properly notified. The bankruptcy is now ''final'' without any claims made by creditors. One of the crfeditors, however, Shell Oil Co., continues to send bills and requests for payment. This is, of course, in blatant violation of the bankruptcy laws. What recourse do I have to obtain satisfaction from Shell for this harassment? Can I sue them for harassment? Do I have my attorney sue them for damages, fees, etc.?


Asked on 4/15/02, 4:52 pm

3 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Creditor Harassment

You file a motion for contempt with the bankruptcy court pursuant to 11 USC 524.

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Answered on 4/15/02, 5:11 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Creditor Harassment

you can drag them into bankruptcy court and ask that they be held in contempt of court. they can be fined and/or jailed.

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Answered on 4/15/02, 5:12 pm
Victor Hobbs Victor E. Hobbs

Re: Creditor Harassment

Before you resort to spending a lot of time and money in legal fees to correct this problem. Which you may or may not get back. Write Shell a letter and send them copies of you bankruptcy petition and notice of discharge. Your remedy is under Section 524. However, you took their money and they have a computer glitch. So you'll need to demonstrate to the court that you made some sort of effort to notify Shell.

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Answered on 4/16/02, 10:31 am


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