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); 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;

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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. 5. The plaintiff is JANE DOE, and the Debtor in this action; 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.; 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 Defendant MEAN DEBT COLLECTOR, INC. is a debt collector as defined by the FDCPA 15 USC 1692(a)(6).

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FACTS COMMON TO ALL COUNTS: 8. That the Plaintiff(s) in this case filed for protection under Chapter 13 of the Bankruptcy Code. That listed on Schedule F of the Plaintiff's Chapter 13 schedules was ORIGINAL CREDITOR, INC.; 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; 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.; 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; That on August 9, 2010, MEAN DEBT COLLECTOR, INC. mailed a

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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; That MEAN DEBT COLLECTOR, INC. either knew or should have known that the Plaintiff filed Chapter 13 bankruptcy; That the Plaintiff, suffered emotional distress and anxiety as a result of receiving this collection notice;

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COUNT 1 - VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT 17 All above paragraphs relevant hereto are incorporated herein by reference; 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; 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; 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

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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. 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. 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). 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; 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; 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. 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;.

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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