Relaunch Of StayViolation.Com

Check out my updated legal blog (or blawg), StayViolation.Com

The automatic stay is essentially a federal court injunction that, as its name suggests, automatically issues when a bankruptcy is filed in the United States.  It is the enforcement of this automatic stay that is the sum and substances of what I do and my Third Wave law firm does.  We protect try to protect, as a type of private attorney general, the rights gained by the consumer in filing bankruptcy.  Consumer rights are not self-enforcing.  There is no governmental or court mechanism to monitor the automatic stay or other injunctions to see that they are being followed.  Since the automatic stay is the antithesis of what most creditors and collectors understand in the force pay of the debts owed them, the automatic stay is routinely abused and violated in the bankruptcies filed.  Since the automatic stay is the backbone of our bankruptcy system, and since the decisions of our courts and the wishes of Congress are essential to the preservation of our laws, these violations cannot go unmet.  To better assist other attorneys in referring and representing their clients who have suffered a violation, my law firm and I are relaunching our StayViolation.Com as a blawg.  This allows for a greater ease in publishing and for information to be provided quickly.  This is the essence of a Third Wave practice.

Comments

[James Green]

Thanks for all that you and your team provide about StayViolations and Violators.Why are these laws left unattended? I notice Barrett Burke Wilson Castle Daffin & Frappier has displayed a remarkable disrespect for bankruptcy laws.They are considered professional debt collectors,that puts them in another league.Their underhand tactics have gone on so long that the practice is ingrained into their behavior.Debt collectors and Law Firm's will continue to skate all over the bankruptcy laws unless it becomes a criminal offence.How could a motgage co. such as Cenlar Federal Savings even think about selling our discharge debt in 2001.This HUD loan was discharged in 2000,but that did not matter.They sold the debt to Aurora Loan Servicer in 2002,they re-sold the debt in 2005 to MidFirst Bank (Midland Mo.)All 3 re-aged and reported it on our perfect credit,each one taking turns.We were in the process of buying a 250,000 home in 2006,all 3 showed up as a collectable debt.Then Midland had the nerves to get their counsel BBWCDF to attempt to collect,these guys just dont believe that water is wet.We are just about out of juice.Since they were selling this discharged debt all over the place and the only way we were informed was by way of our credit report,we decided to send all 3 a 'QUALIFIED WRITTEN REQUEST'.We mailed Midland one in 2006,got nothing,so we wrote a follow up letter in Dece 2008.Midland Attorney filed it in the 405th Judicial Court Jan.2009 in Galveston,Tx calling it 'Discovery'.Their response in the filed document states'Objection.Defendant objects to this discovery request because it is overly burdensome,harassing,costly,
onerous,and was requested for harassment only.We did not know that RESPA worked like that.I wander what they called it when their Attorney Walter Thurmond wrote in a letter address to us that my wife hands were not clean, that we still owed the debt and the letter that Attorney Gray Burks IV sent us in 2008 stating that we indeed owed the discharged debt,sound like violation of FDCPA.We sent BBWCDF office a copy of the discharge order,these boys are not shy when it comes to breaking the law.When we saw that Midland had recorded the QWR calling it harssment I thought I had to call 911,my wife suffered a panic attack.How low will they go?The other part that blows my mind is the fact that in Aug,1996 Cenlar had the stay lifted in order to move foward to exercise ANY rights of foreclosure dealing with that property,instead the discharged debt has been handed off like a football.Guess who was Cenlar's Attorney's in 1996,remember we filed in 95'YES!YES!you are right,Tha Bad Boy's-Barrett Burke Wilson Castle Daffin & Frappier.Guess who the Judge was that signed that order?YES!The same Judge that signed our'Discharg Order'in 2000,Judge Karen K. Brown. While this drama is playiny out in front of Chanel 13 News and the Galveston News hopefully the world is watching in May 2009 and these guys would be brought to justice,they already contacted us,so you can see it unfold ,live.This is more than about money,this is about ethics and fair treatment on behalf of all consumers in America.No one should have to experence a slow,painful,gut wenching,sleepless nights all because debt collectors write their own rules and no one is watching the Hen House except'WOLVES' Keep us informed Mr.CHUCK-Thanks!! visit 'ZOMBIE DEBTS REFUSE TO DIE'