Bankruptcy Rights Violations
Bankruptcy is more than a fresh start—it is a powerful tool to hold abusive creditors accountable. Under the Bankruptcy Code, the moment you file, an Automatic Stay is enacted to stop all collection activity. If a creditor violates this stay, or if a mortgage servicer fails to comply with Bankruptcy Rule 3002.1, they may be liable for actual damages, punitive damages, and your attorney’s fees.
Offensive Bankruptcy Litigation
- Automatic Stay Violations (§ 362(k))The stay is a federal injunction. If a collector continues to call, garnish your wages, or repossess your car after they’ve been notified of your filing, they have violated a court order. We sue to recover damages for the stress and financial loss caused by these willful violations.
- Rule 3002.1 Mortgage AbusesAs of December 1, 2025, federal rules regarding mortgage transparency in Chapter 13 have been significantly strengthened. We use the new Motion to Determine Status to force mortgage companies to prove they are applying your payments correctly and to strip away hidden fees that haven’t been properly noticed.
- Discharge Injunction Violations (§ 524)Once your debt is legally wiped away, it is gone forever. If a creditor tries to collect a discharged debt or reports it as “active” or “charged off” to credit bureaus instead of “discharged,” they are in contempt of a federal court order.
- Adversary ProceedingsWe represent debtors in complex mini-lawsuits within the bankruptcy court. Whether it’s defending against a creditor’s objection to your discharge or suing a predatory lender for fraud, we provide the technical trial skills required to win in federal court.
The 2026 Regulatory Landscape
Litigating in 2026 requires staying ahead of new rules and economic shifts. We are active members of the National Association of Consumer Bankruptcy Attorneys (NACBA) and the Advanced Bankruptcy Law Institute (ABLI), ensuring our strategies reflect the latest appellate rulings and procedural changes. We are particularly focused on the 2025 Rule 3002.1 amendments, which now extend protection to reverse mortgages and provide new tools to audit HELOC payment changes.
Deep-Dive Resources
- The “Notice of Fees” Trap: Why Your Mortgage Servicer Is Hiding Costs in Chapter 13
- The New Rule 3002.1: A Powerful Weapon for Chapter 13 Debtors (2025 Update)
- The Automatic Stay: Your Shield Against Immediate Collection
- Discharge Injunctions: What to Do if a Creditor Calls After Your Case Is Closed
- Adversary Proceedings: When Bankruptcy Becomes a Federal Lawsuit
- Can I Discharge Fintech and “Buy Now, Pay Later” Loans?
- Cleaning up After Bankruptcy: Why Are Negative Accounts Still Showing Up on My Report?
- Debt Collection After Bankruptcy: What to Do When a Collector Is Hounding Me for a Debt I Already Handled in Bankruptcy