UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

IN RE: JANE DOE Case No. 00-666-wsd

Hon. Walter Shapero

CHAPTER 13

JANE DOE
Plaintiff

v.

MEAN DEBT COLLECTOR, INC.

Defendants,
Jointly and Severally.

_________________________
Sweeney Law Offices, P.L.L.C.
Attorney for Plaintiff
29777 Telegraph, Suite 2500
Southfield, MI 48034
(586) 909-8017
sweeneylaw2005@yahoo.com

_________________________/

ADVERSARY COMPLAINT

Plaintiff, by and through attorney Sweeney Law Offices, PLLC now comes and states the
following complaint:

Jurisdiction

1. This is an action under the Fair Debt Collection Pratices Act, hereinafter
"FDCPA", 15 U.S.C.§ 1692a, et seq., and 11 USC 362(a)(6);

2. Jurisdiction in this case is founded upon 11 USC 1692k which grants the
Federal District Courts and the US Bankruptcy Court jurisdiction to hear
this action without regard to the amount in controversy;
 3. This Court has jurisdiction over this case as an adversary proceeding
pursuant to 28 U.S. C.§§157, 1334 and 11 USC 362. This is a core
proceeding under 28 U.S.C.§157(b)(2)(O).

PARTIES

4. The plaintiff is JANE DOE, and the Debtor in this action;

5. Defendant, MEAN DEBT COLLECTOR, INC., is located at 4850 Street

Road, Suite 300, Southeastern, Pennsylvania 19053, and transacts
business in the State of Michigan. Defendant MEAN DEBT
COLLECTOR, INC., is a collection agency on behalf of ORIGINAL
CREDITOR, INC.;

6. Defendant, ORIGINAL CREDITOR, INC. is a financial institution

licensed to transact business in the State of Michigan, and had as its
principal place of business, 1680 Capital One Drive, McLean, VA 22102

7. Defendant MEAN DEBT COLLECTOR, INC. is a debt collector as

defined by the FDCPA 15 USC § 1692(a)(6).

FACTS COMMON TO ALL COUNTS:

8. That the Plaintiff(s) in this case filed for protection under Chapter 13 of
the Bankruptcy Code.

9. That listed on Schedule F of the Plaintiff's Chapter 13 schedules was

ORIGINAL CREDITOR, INC.;

10. That TSYS Debt Mgmt, on behalf of ORIGINAL CREDITOR, INC. filed
a Proof of Claim in case number 00-666 on behalf of ORIGINAL
CREDITOR, INC. on 6.27.2007;

11. That ORIGINAL CREDITOR, INC. subsequently assigned the debt to

MEAN DEBT COLLECTOR, INC. or MEAN DEBT COLLECTOR,
INC., purchased the debt from ORIGINAL CREDITOR, INC.;

12. That either ORIGINAL CREDITOR, INC. willfully failed to notify

MEAN DEBT COLLECTOR, INC. of the Chapter 13 bankruptcy, or
Alliance One was notified of the Plaintiff's Chapter 13 bankruptcy;

13. That on August 9, 2010, MEAN DEBT COLLECTOR, INC. mailed a

 collection notice to the Chapter 13 Plaintiff, requesting $18,000
and stated as follows:

As of the date of this letter, you owe $18,000 Your account balance may
be periodically increased due to the addition of accrued interest or other
charges if so provided in your agreement with your original creditor.

and:

Your account has been referred to our office for Collections.

14. That ORIGINAL CREDITOR, INC. knew that the Plaintiff had filed
Chapter 13 bankruptcy, and either assigned the debt or allowed the debt
to be purchased;

15. That MEAN DEBT COLLECTOR, INC. either knew or should have
known that the Plaintiff filed Chapter 13 bankruptcy;

16. That the Plaintiff, suffered emotional distress and anxiety as a result of
receiving this collection notice;

COUNT 1 - VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT

17 All above paragraphs relevant hereto are incorporated herein by

reference;

18. Creditor MEAN DEBT COLLECTOR, INC.'s actions constituted

communication with the Plaintiff in violation of 15 USC § 1692(a)(2)
and 1692(b)(6) as Creditor Defendant knew or had reason to know that
the Plaintiff was represented by counsel in this matter and counsel did not
consent to such communication with the Plaintiff;

19. Creditor MEAN DEBT COLLECTOR, INC.'s actions constituted a false

or misleading communication in violation of 15 USC § 1692(e)(2) in
implying that the Plaintiff was obligated to pay MEAN DEBT
COLLECTOR, INC. for the debt of $18,000 despite the fact that she had
filed a bankruptcy, thereby misrepresenting the legal status of the debt;

20. Creditor MEAN DEBT COLLECTOR, INC.'s actions constituted a false

or misleading communication in violation of 15 USC § 1692(e)(5) in
implying that the Plaintiff was obligated to pay MEAN DEBT
COLLECTOR, INC. for the debt of $18,000 despite the fact that she had
 filed a bankruptcy, thereby misrepresenting that they could take action
against her by increasing the account balance;

COUNT II

21. That pursuant to 11 USC 362(a)(1) and (a)(6) of the United States
Bankruptcy Code, the filing of the Chapter 13 by the Plaintiffs operates
as an Automatic Stay against any act to collect, assess, or recover a claim
against Plaintiffs who have filed for protection under the code.

22. That pursuant to Section 362(h) of the Bankruptcy Code, an individual

injured by any willful violation of a stay provided by that section shall
recover actual damages, including costs and attorney's fees, and, in
appropriate circumstances, may recover punitive damages.

23. That a "willful" violation does not require specific intent to violate the
automatic stay. Rather, the statute provides for damages upon a finding
that the creditor knew of the automatic stay and that the creditor's actions
which violated the stay were intentional. Whether the party believes in
good faith that it had a right to collect is not relevant to whether the act
was "willful" or whether compensation must be awarded. In re Pinkstaff,
974 F.2d 113, 115(9th Cir. 1992) citing Goichman v. Bloom (In Re
Bloom), 875 F2d 224, 227 (9th Cir. 1989).

24. That both Defendants willfully violated the automatic stay under 11 USC
362(a)(6) by acting to collect a debt when they either knew or should
have known the Plaintiff had filed for bankruptcy protection;

25. That said willful violation and harassment have caused the Plaintiff(s) to
spend unnecessary time and expense in dealing with this matter, and
suffer emotional distress, including but not limited to humiliation and
anxiety;

26. That said willful violation and harassment have caused counsel for
Plaintiff to spend time and expense to rectify the situation, including but
not limited to costs and attorneys fees for bringing this Complaint.

26. That pursuant to 11 USC 362(h), the Plaintiff is entitled to compensation,

including, but not limited to damages for emotional distress in the
amount of $10,000.00, costs and attorney's fees for actual costs and time
spent at $235.00 per hour, the time spent which can only be estimated
after this matter is resolved completely, punitive damages in the amount
of $10,000.00 to be paid to the Plaintiffs;.
 27. The interests of good faith and justice support the requested relief.

WHEREFORE, Plaintiff demands judgment against the Defendant herein for:

(a) That, for violation of the automatic stay, and the Fair Debt Collection Practices
Act, Actual damages;
(b) That, for violation of the Fair Debt Collection Practices Act,
Statutory damages pursuant to 15 USC § 1692(k);
(c) That, for violation of the automatic stay alone, compensation, including, but not
limited to damages for emotional distress in the amount of $10,000.00, costs and
attorney's fees for actual costs and time spent at $235.00 per hour, the time spent
which can only be estimated after this matter is resolved completely, punitive
damages in the amount of $10,000.00 to be paid to the Plaintiff.
(d) Any other relief that the court feels is necessary.

Respectfully Submitted,

DATE:__September 6, 2010____ /s/ Jesse R. Sweeney

Jesse R. Sweeney (P60941)
Sweeney Law Offices, P.L.L.C.
Attorney for Plaintiff
29777 Telegraph, Suite 2500
Southfield, MI 48034
(586) 909-8017
sweeneylaw2005@yahoo.com