Complaint Review: Boyajian Law Offices - Rutherford New Jersey

Steve, Whether the bankruptcy ultimately resulted in a discharge is irrelevant to the complaint. The complaint alleges that the collection activities occured between the filing and the discharge. As such, the activities presumptively violated the automatic stay, although they did not YET violate the discharge order. And, even if a discharge order never came down, the activities were still a violation. In other words, the failure to receive a discharge does not ratify automatic stay violations. The automatic stay and the discharge are completely distinct bases for forbidding collection activities. Ideally, the automatic stay ends when the discharge order comes down. If the case goes wrong, however, it could be dismissed without a discharge, in which case the debtor is just back to square one. If the complainant filed for Chapter 7 back in October, which is the most likely case, the discharge order probably came down in February. Also, in the interest of being an annoying know-it-all, the discharge order does not terminate a bankruptcy case. Bankruptcy cases end with a dismissal order, usually a couple of months after the discharge, releasing the trustee and all other professionals of their duties in connection with the estate. On a side note, it's good to be back Steve! I just got tired of RoR for a while. Then I realized that there really isn't anything better to do. Now I remember how much fun this is!

Aafes is absolutely correct..And Timothy..Where have you been hiding? It's been a while. Now, I made one observation from the original post. Notice the filing date was fall of 2005. I did not see any reference to a discharge date. A BK is not final until discharged. Was the BK discharged? When? Anyway, just send this idiot a CEASE COMMUNICATION letter. Boyajain is incapable of actually filing a lawsuit, AND is ONLY licensed as an attorney [barely] in CA, andn is only licensed as a debt collector in NJ. I am familiar with this shady operation.

Aafes, I know you've been around for a while. But on behalf of the long-time, loyal RoR contributors, let me say welcome! Your above analysis was excellent, helpful, and spot on.

This is even easier than changing your number. This clown attorney is in violation of the Automatic Stay. If you filed via an Attorney you need to notify him/her ASAP that you are receiving these calls. If you filed pro se you need to notify the bankruptcy court. Believe me this will be handled. The court does not take violation of the automatic stay lightly. The automatic stay prohibits: Beginning or continuing law suits, COLLECTION CALLS, repossessions, foreclosure sales and garnishments or levies. Unless this clown requested "relief" from the automatic stay, attended a hearing and was granted such relief, they are in violation. As this is an unsecured credit card debt it is highly unlikely relief was requested or granted as this is usually only done for secured debts. Anyone who willfully violates the stay in the case of an individual is liable for actual damages caused by the violation and sometimes for punitive damages. Some courts confine the right to damages to individual debtors and deny damages for stay violations as to corporate debtors. Since the court usually takes several days to several weeks to mail creditors notice of the bankruptcy, it is incumbent on you or your attorney to give actual notice to creditors who might take action without knowledge of the stay. Creditor actions taken after the stay is in place are generally void or voidable: that is, any action the creditor takes in violation of the stay has no legal effect.

This is even easier than changing your number. This clown attorney is in violation of the Automatic Stay. If you filed via an Attorney you need to notify him/her ASAP that you are receiving these calls. If you filed pro se you need to notify the bankruptcy court. Believe me this will be handled. The court does not take violation of the automatic stay lightly. The automatic stay prohibits: Beginning or continuing law suits, COLLECTION CALLS, repossessions, foreclosure sales and garnishments or levies. Unless this clown requested "relief" from the automatic stay, attended a hearing and was granted such relief, they are in violation. As this is an unsecured credit card debt it is highly unlikely relief was requested or granted as this is usually only done for secured debts. Anyone who willfully violates the stay in the case of an individual is liable for actual damages caused by the violation and sometimes for punitive damages. Some courts confine the right to damages to individual debtors and deny damages for stay violations as to corporate debtors. Since the court usually takes several days to several weeks to mail creditors notice of the bankruptcy, it is incumbent on you or your attorney to give actual notice to creditors who might take action without knowledge of the stay. Creditor actions taken after the stay is in place are generally void or voidable: that is, any action the creditor takes in violation of the stay has no legal effect.

This is even easier than changing your number. This clown attorney is in violation of the Automatic Stay. If you filed via an Attorney you need to notify him/her ASAP that you are receiving these calls. If you filed pro se you need to notify the bankruptcy court. Believe me this will be handled. The court does not take violation of the automatic stay lightly. The automatic stay prohibits: Beginning or continuing law suits, COLLECTION CALLS, repossessions, foreclosure sales and garnishments or levies. Unless this clown requested "relief" from the automatic stay, attended a hearing and was granted such relief, they are in violation. As this is an unsecured credit card debt it is highly unlikely relief was requested or granted as this is usually only done for secured debts. Anyone who willfully violates the stay in the case of an individual is liable for actual damages caused by the violation and sometimes for punitive damages. Some courts confine the right to damages to individual debtors and deny damages for stay violations as to corporate debtors. Since the court usually takes several days to several weeks to mail creditors notice of the bankruptcy, it is incumbent on you or your attorney to give actual notice to creditors who might take action without knowledge of the stay. Creditor actions taken after the stay is in place are generally void or voidable: that is, any action the creditor takes in violation of the stay has no legal effect.

This is even easier than changing your number. This clown attorney is in violation of the Automatic Stay. If you filed via an Attorney you need to notify him/her ASAP that you are receiving these calls. If you filed pro se you need to notify the bankruptcy court. Believe me this will be handled. The court does not take violation of the automatic stay lightly. The automatic stay prohibits: Beginning or continuing law suits, COLLECTION CALLS, repossessions, foreclosure sales and garnishments or levies. Unless this clown requested "relief" from the automatic stay, attended a hearing and was granted such relief, they are in violation. As this is an unsecured credit card debt it is highly unlikely relief was requested or granted as this is usually only done for secured debts. Anyone who willfully violates the stay in the case of an individual is liable for actual damages caused by the violation and sometimes for punitive damages. Some courts confine the right to damages to individual debtors and deny damages for stay violations as to corporate debtors. Since the court usually takes several days to several weeks to mail creditors notice of the bankruptcy, it is incumbent on you or your attorney to give actual notice to creditors who might take action without knowledge of the stay. Creditor actions taken after the stay is in place are generally void or voidable: that is, any action the creditor takes in violation of the stay has no legal effect.

Jackie is a total moron and is barely a lawyer. He is only licensed in CA. He is a debt buyer and debt collector and has a reputation for blatant FDCPA violations. You should change your phone# to an unlisted one. This will make him crazy! You can do this for free if you tell the phone co you are getting harassing phone calls from an UNKNOWN caller. Then go to budhibbs.com and get a sample of a cease communication letter to send by certified mail return reciept requested, and to read all about this lowlife. See all of the other posts here on Rip Off Report. I have also used a nice little fax machine trick that works nicely. Have unlimited long distance and about 150 sheets of paper? Have fun with this fool. After all, turnabout is fair play!