- When exactly (i.e. what date) was your bankruptcy case filed?
- What chapter of bankruptcy did you file under? Chapter 7? Chapter 13?
- Was this bill listed on your bankruptcy schedules?
- When was the debt incurred (in this example – what was the date of service)?
- What is the billing address and the statement date?
- If the debt was incurred before your bankruptcy filing date, then it is a pre-petition debt.
- If the debt was incurred after your bankruptcy filing date, then it is a post-petition debt.
- If the debt was listed on your bankruptcy schedules, then check the address to determine if notice was sent out to the right place. Also check the statement date. If within a few days of your bankruptcy filing date, then this may be a harmless “letters crossed in the mail” situation. If the statement date is substantially after your bankruptcy filing date, then you are likely looking at a stay or discharge violation.
- If the debt was not listed on your bankruptcy schedules and you filed a Chapter 7 case that had no distributions (the trustee did not sell any non-exempt assets, recover any preferences, or void any transfers) and the debt was otherwise dischargeable, then the debt is discharged. (This is a result of case law called “Guseck” in the Eastern District of Wisconsin. If you filed bankruptcy in another district, a different result may occur.)
- If the debt was not listed on your bankruptcy schedules and you filed a Chapter 13 case or a Chapter 7 case that had distributions, then the debt is non-dischargeable under 11 U.S.C. sec. 523(a)(3).
- Post-petition debts are generally non-dischargeable with one exception.
- If you file Chapter 13, then later convert to Chapter 7, debts incurred between the filing and conversion dates may be dischargeable under 11 U.S.C. sec. 348(d).
(a) In order to provide for the safer and more effective operation of the National Banking System and the Federal Reserve System, to preserve for the people the full benefits of the currency provided for by the Congress through the National Banking System and the Federal Reserve System, and to relieve interstate commerce of the burdens and obstructions resulting from the receipt on an unsound or unsafe basis of deposits subject to withdrawal by check, during such emergency period as the President of the United States by proclamation may prescribe, no member bank of the Federal Reserve System shall transact any banking business except to such extent and subject to such regulations, limitations and restrictions as may be prescribed by the Secretary of the Treasury, with the approval of the President. Any individual, partnership, corporation, or association, or any director, officer or employee thereof, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000 or, if a natural person, may, in addition to such fine, be imprisoned for a term not exceeding ten years. Each day that any such violation continues shall be deemed a separate offense.(b)(1) In the event of natural calamity, riot, insurrection, war, or other emergency conditions occurring in any State whether caused by acts of nature or of man, the Comptroller of the Currency may designate by proclamation any day a legal holiday for the national banking associations located in that State. In the event that the emergency conditions affect only part of a State, the Comptroller of the Currency may designate the part so affected and may proclaim a legal holiday for the national banking associations located in that affected part. In the event that a State or a State official authorized by law designates any day as a legal holiday for ceremonial or emergency reasons, for the State or any part thereof, that same day shall be a legal holiday for all national banking associations or their offices located in that State or the part so affected. A national banking association or its affected offices may close or remain open on such a State-designated holiday unless the Comptroller of the Currency by written order directs otherwise.(2) For the purpose of this subsection, the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other territory or possession of the United States.
Any time that you’re dealing with anything legal in nature, make sure that you are taking advice from someone who is actually licensed to practice law. Any competent lawyer would easily have been able to debunk the “95a2” issue by running a quick statutory search.
Second, stringing together a bunch of fancy legal jargon together – though it may sound impressive – gives your position absolutely no legal strength. In fact, if you’re hoping for a judge to side with you just as a matter of principle, you might find that such exaggerated attempts serve to annoy the judge, rather than causing him or her to take you seriously.
Third, a common argument from the Sovereign Citizens is that they simply don’t recognize the government or the tax laws they’re trying to avoid.
Recognition of governments is a valid and actual thing. Countries do it to each other all the time. The recognition of Palestinian and Israeli sovereign states has been an contentious issue for years. You can challenge the authority of the government if that’s what you choose to do. HOWEVER, there is a bit of “might makes right” here, in that the laws on the books are the laws that will be enforced. You can evade taxes or try to transfer your mortgage to the United States Treasury if you want to, but if you’re hoping that the police won’t arrest you or that a judge won’t imprison you for these things based on your rejection of their authority, you’re not going to get anywhere. Unless you plan to raise an army (which is why Sovereign Citizens are considered to be domestic terror threats), you’re better off consulting with an actual attorney and exploring your options through the existing legal framework.
On that note – if you’re struggling with debts, don’t try to pawn it off on the U.S. Treasury. Call my office today to find out how you can ACTUALLY get debt relief.