Violations of the Discharge Injunction are big business.
By Carmen Dellutri, Attorney at Law on Apr 30, 2007 in Bankruptcy Practice and Procedure, Discharge Violations, Florida, General Bankruptcy Information
When a former client calls their bankruptcy attorney and says they are being harassed by a creditor, the attorney can either tell the client to send the creditor a letter, or if the attorney is astute, greet the client with open arms and welcome them back as a client. A discharge violation by a creditor can mean money damages for the client and attorney’s fees and costs.
Some consumer bankruptcy attorneys have been pursuing these types of claims for years, and other attorneys are just getting started in this niche practice. Either way, these consumer violations, if handled properly, can lead to very good results for the client and attorney. The Client may receive statutory damages or actual damages in the hundreds or thousands of dollars. The attorney should be able to recover his legal fees and something better, pattern and practice evidence. Pattern and practice evidence gives the attorney an edge the next time the same creditor repeats its bad behavior.
Imagine an attorney who strives to put more money back in his clients’ pockets than he takes for his services. That is the attorney that you want working for you.
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