Bankruptcy Debtor’s rights and protection are important. https://njbankruptcylawfirms.com/bankruptcy-protection/ Not all lawyers adhere to the code in Bankruptcy Law and debtor’s rights. Here is an example of where a sloppy and arrogant bankruptcy law firm overstepped their boundaries. Even though a Debtor filed bankruptcy, this bankruptcy law firm continued to sue the Debtor in State Court. As a result, the law firm must pay $50,000 in punitive damages due to ignoring a bankruptcy Debtor’s rights and protections.
Details of Case:
- Debtor filed bankruptcy.
- Debtor was a basketball coach and was sued by a former player for sexual contact.
- Law Firm who represented player dismissed their lawsuit against the coach.
- Law Firm was notified of the Bankruptcy.
- One year later, the Law Firm filed a Complaint in State Court for damages from the Debtor.
- Debtor filed an Answer to the Complaint and copied the Law Firm.
- The debtor was filing for his bankruptcy protection.
- Law Firm claimed they did not receive the answer since it was sent to the wrong address.
- Debtor mailed the notice to the lead associate working on the case.
- Although the Debtor was “not an admirable person”, he was entitled to Debtor’s rights in bankruptcy.
- Law Firm was very familiar with the bankruptcy code and debtor’s rights.
- Law Firm used this re-filing as a tactical maneuver to try to collect from a debtor who received a discharge in bankruptcy.
- Court found the law firms’ actions to be egregious.
- Court ordered the law firm to pay the Debtor $50,000.00 in punitive damages as well as actual damages of $23,132.00.
- Law Firms cannot plead ignorance when try to get around the bankruptcy code.
- Debtor’s have rights and protection when filing bankruptcy.
This law firm was sloppy and arrogant. Rather than re-filing a Complaint, they could have filed a Complaint in Bankruptcy Court to determine the dischargeability of this debt.
Bankruptcy is a very specialized field of law. https://www.americanbar.org/groups/business_law/publications/blt/2016/12/04_rubio/ A Board Certified bankruptcy lawyer is experienced in all phases of bankruptcy. I protect my debtor’s rights in bankruptcy.