I promise this will be the last question. So sorry for imposing on
this board but it seems our attorney is either not aggressive enough
or not fully aware of the implications of some aspects of our case.

Mr. Weiss recently replied to my message regarding the secondary
mortgage lender having violated the automatic stay by sending us
bills, for which I am very grateful. I noticed that these bills
contained a disclaimer as follows: "This statement is being sent as a
courtesy to the borrower. It is not intended, nor should it be
construed to be an anttempt to violate the automatic stay, nor are we
attempting to seek personal liability against a debtor who has
obtained a chapter 7 discharge."

Since this lender never asked for nor received relief from automatic
stay, my contention is a bill is a bill is a bill, regardless of the
disclaimer. Even though on the phone they said we would receive no
more bills, two days ago we received another one post-discharge date.

I know you don't practice in NJ and am sorry for that, but was
wondering if you can steer me to a lawyer in the Southern NJ area who
is a real "fighter". Please email if you know someone. We do not
wish to use our BK lawyer because, in truth, he is too nice, and there
are various things he did or did not do which we believe another
lawyer would have pursued more vigourously (i.e. a lender sending many
bills/phone calls during the automatic stay of our Chapt. 13 and also
not investigating a lender who claimed a secured interest well after
the 341 meeting, which resulted in payments raised $40 a month.

Again, forgive me for being pest of the year. We are so tired of
being victims.

As a practical matter, have you contacted the lender and just
asked it to stop sending you bills? Mortgage lenders are asked in
the vast majority of cases to send such bills (thus the
disclaimer), and it is very helpful to those who want to keep the
property.

Even if not, the violation is a technical one, and a letter from
you lawyer, nice or not, should stop them.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only. It
isn't meant to be legal advice and you shouldn't treat it as such.
If you want legal advice, speak with a local lawyer familiar with
your state's laws who can review *all* of the facts and the law
applicable to your situation.
************************************************** ***************


"Sharon" <torgo7@comcast.net> wrote in message
news:632c3647.0306250603.33f6b966@posting.google.c om... I promise this will be the last question. So sorry for imposing
on this board but it seems our attorney is either not aggressive
enough or not fully aware of the implications of some aspects of our
case. Mr. Weiss recently replied to my message regarding the secondary mortgage lender having violated the automatic stay by sending us bills, for which I am very grateful. I noticed that these bills contained a disclaimer as follows: "This statement is being sent
as a courtesy to the borrower. It is not intended, nor should it be construed to be an anttempt to violate the automatic stay, nor
are we attempting to seek personal liability against a debtor who has obtained a chapter 7 discharge." Since this lender never asked for nor received relief from
automatic stay, my contention is a bill is a bill is a bill, regardless of
the disclaimer. Even though on the phone they said we would receive
no more bills, two days ago we received another one post-discharge
date. I know you don't practice in NJ and am sorry for that, but was wondering if you can steer me to a lawyer in the Southern NJ
area who is a real "fighter". Please email if you know someone. We do
not wish to use our BK lawyer because, in truth, he is too nice, and
there are various things he did or did not do which we believe another lawyer would have pursued more vigourously (i.e. a lender
sending many bills/phone calls during the automatic stay of our Chapt. 13 and
also not investigating a lender who claimed a secured interest well
after the 341 meeting, which resulted in payments raised $40 a month. Again, forgive me for being pest of the year. We are so tired
of being victims.

I already called then, told them we were giving up the house etc.
They seemed very surprised to hear this; however, their attorney is
listed as having received the message re: abandonment. They promised
we would hear no more and then....another bill. Time to get tough.
This process is painful enough.

People are writing how bad foreclosure looks on reports, but what is
one supposed to do? I probably won't be around in 10 years anyway.
Thanks again, Mr. Weiss, for your kindness in replying. Wish all
lawyers were like you.



"Brett Weiss" <lawyer@erols.com> wrote in message news:<DOScnVD05MVqIWSjXTWJkg@comcast.com>... As a practical matter, have you contacted the lender and just asked it to stop sending you bills? Mortgage lenders are asked in the vast majority of cases to send such bills (thus the disclaimer), and it is very helpful to those who want to keep the property. Even if not, the violation is a technical one, and a letter from you lawyer, nice or not, should stop them. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** *************** "Sharon" <torgo7@comcast.net> wrote in message news:632c3647.0306250603.33f6b966@posting.google.c om... I promise this will be the last question. So sorry for imposing on this board but it seems our attorney is either not aggressive enough or not fully aware of the implications of some aspects of our case. Mr. Weiss recently replied to my message regarding the secondary mortgage lender having violated the automatic stay by sending us bills, for which I am very grateful. I noticed that these bills contained a disclaimer as follows: "This statement is being sent as a courtesy to the borrower. It is not intended, nor should it be construed to be an anttempt to violate the automatic stay, nor are we attempting to seek personal liability against a debtor who has obtained a chapter 7 discharge." Since this lender never asked for nor received relief from automatic stay, my contention is a bill is a bill is a bill, regardless of the disclaimer. Even though on the phone they said we would receive no more bills, two days ago we received another one post-discharge date. I know you don't practice in NJ and am sorry for that, but was wondering if you can steer me to a lawyer in the Southern NJ area who is a real "fighter". Please email if you know someone. We do not wish to use our BK lawyer because, in truth, he is too nice, and there are various things he did or did not do which we believe another lawyer would have pursued more vigourously (i.e. a lender sending many bills/phone calls during the automatic stay of our Chapt. 13 and also not investigating a lender who claimed a secured interest well after the 341 meeting, which resulted in payments raised $40 a month. Again, forgive me for being pest of the year. We are so tired of being victims.

"Sharon" <torgo7@comcast.net> wrote in message
news:632c3647.0306250603.33f6b966@posting.google.c om... I know you don't practice in NJ and am sorry for that, but was wondering if you can steer me to a lawyer in the Southern NJ area who is a real "fighter".

I am from South Jersey also. Like you, I went through the whole bankruptcy
process (about 5 years ago, for me) and had to abandon my house, etc.
Unfortunately, I don't know any real "fighter" attorneys in our area. I
checked out many attorneys before filing bankruptcy. Most seemed pretty
competent and a few seemed like just bankruptcy mills to me. I ended up
doing a lot of the work myself, but also using an attorney friend of mine to
represent me at a reduced fee. He is a great guy, and that worked out okay
for me, but he wasn't a bankruptcy attorney so I didn't really expect him to
be a bankruptcy expert. One of mortgage holders on my property did a few
things and trumped up some charges that I thought were inappropriate. But,
when it was all over, my lawyer thought it wasn't worth trying to go after
them. In speaking with other bankruptcy attorneys since then, they seemed
to agree.

I often read this news group just because I went through bankruptcy before.
I've also seen your posts before and know that you went through a lot and
had to give up a lot. It wasn't easy for me either. So, hang in there.

Yes, usually the damages, if any, are minor and not worth pursuing.

However, now mortgage #1, who had been reporting the entry correcting
as "included in BK 7" Foreclosure initiated, just recently starting
sending delinquencies to the credit bureaus. First it was $1900
delinquent. I wrote them a letter to say that it should only have the
BK and Foreclosure Notice, not the delinquency. Their response,
another delinquency upping the amount delinquent to well over $2000.
Now on this, our lawyer says we may have a pretty good case against
them, but it is not his area and to check the Fair Credit Reporting
Act because he doesn't think they can do this. You bet we will!

Thanks for writing. It never seems to be over, does it?

"RickyPJC" <RickyPJC@NotThisAddy.bvc> wrote in message news:<KQudnVv1TNMxeb6iU-KYvw@comcast.com>... "Sharon" <torgo7@comcast.net> wrote in message news:632c3647.0306250603.33f6b966@posting.google.c om... I know you don't practice in NJ and am sorry for that, but was wondering if you can steer me to a lawyer in the Southern NJ area who is a real "fighter". I am from South Jersey also. Like you, I went through the whole bankruptcy process (about 5 years ago, for me) and had to abandon my house, etc. Unfortunately, I don't know any real "fighter" attorneys in our area. I checked out many attorneys before filing bankruptcy. Most seemed pretty competent and a few seemed like just bankruptcy mills to me. I ended up doing a lot of the work myself, but also using an attorney friend of mine to represent me at a reduced fee. He is a great guy, and that worked out okay for me, but he wasn't a bankruptcy attorney so I didn't really expect him to be a bankruptcy expert. One of mortgage holders on my property did a few things and trumped up some charges that I thought were inappropriate. But, when it was all over, my lawyer thought it wasn't worth trying to go after them. In speaking with other bankruptcy attorneys since then, they seemed to agree. I often read this news group just because I went through bankruptcy before. I've also seen your posts before and know that you went through a lot and had to give up a lot. It wasn't easy for me either. So, hang in there.