UNITED STATES DISTRICT COURT

IN THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LAKISHA T SMITH,

Plaintiff,

v.

STELLAR RECOVERY, INC;

COMCAST CORPORATION

Defendant(s).

_____________________________________/

COMPLAINT & JURY DEMAND

Plaintiff LaKisha T Smith through counsel Stephen A. Thomas, PLC, by

Stephen A. Thomas states the following claims for relief:

INTRODUCTION

1. Plaintiff is suing because Defendant Stellar Recovery, Inc, as a debt collector,

harassed the Plaintiff with robocalls on behalf of the Defendant Comcast Corporation

after Plaintiff discharged the debt in bankruptcy.

2. Defendants persistently utilized a robo caller to call the Plaintiff’s cellular

telephone, violating the Plaintiff’s privacy rights afforded under federal law.

3. The United States Supreme Court has recognized a citizen’s home as “the last

citadel of the tired, the weary, and the sick," Gregory v. Chicago, 394 U.S. 111 , 125

(1969), and has noted that “[p]reserving the sanctity of the home, the one retreat to

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which men and women can repair to escape from the tribulations of their daily pursuits,

is surely an important value.” Carey v. Brown, 447 U.S. 455, 471(1980).

JURISDICTION

4. Jurisdiction of this Court arises under 28 U.S.C. § 1331 and pursuant to 15

U.S.C. § 1692k(d), and pursuant to 28 U.S.C. § 1367 for pendent state law claims and

the TCPA claims, which are predicated upon the same facts and circumstances that

give rise to the federal causes of action. Injunctive relief is available pursuant to the

TCPA.

5. This action arises out of Defendant Stellar Recovery, Inc’s repeated violations of

the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”), out of both

Defendants’ violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §

227 et seq. and out of the invasions of Plaintiff’s personal privacy by both Defendants

and their agents in their illegal efforts to collect a consumer debt.

6. Venue is proper in this District because the acts and transactions occurred here,

Plaintiff resides here, and all Defendants transact business here as part of their

continuing debt collection activities.

PARTIES

7. Plaintiff LaKisha T Smith is a natural person who resides in the City of Detroit,

County of Wayne, State of Michigan, and is a “consumer” as that term is defined by 15

U.S.C. § 1692a(3).

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8. Defendant Stellar Recovery, Inc ("Stellar") is a Montana corporation with

minimum contacts in the State of Michigan and is a “debt collector” as defined by 15

U.S.C. § 1692a(6).

9. Defendant Comcast Holdings Corporation (“Comcast”), is a Pennsylvania

business entity with an address of 1701 John F. Kennedy Boulevard Floor 32 (One

Comcast Center), Philadelphia, Pennsylvania 19103, and is a “person” as the term is

defined by 47 U.S.C. § 153(39).

VENUE

10. The transactions and occurrences which give rise to this action occurred in

Wayne County.

11. Venue is proper in the Eastern District of Michigan.

GENERAL ALLEGATIONS

12. Defendant Comcast is a national corporation that regularly conducts business in

Michigan.

13. Defendant Comcast hired Defendant Stellar to collect debts allegedly due to it.

14. The acts of Defendant Stellar relating to the Plaintiff were conducted on behalf of

Defendant Comcast, and with the consent, approval, and/or ratification of the Defendant

Comcast.

15. The Plaintiff LaKisha Smith alleges that at all times herein mentioned, Defendant

Stellar was, and is now, the servant, employee, and/or other representative of

Defendant Comcast, and in doing the things herein alleged, was acting in the scope,

purpose, and authority of such agency, service, employment, and/or other

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representative capacity with the permission, knowledge, consent, and/or ratification of

the other Defendants. Any reference hereinafter to “Defendant” or “Defendants” without

further qualification is meant to refer to each and all Defendants herein jointly and

severally.

16. Within one year immediately preceding the filing of this complaint, Defendants

attempted to collect from Plaintiff a financial obligation that was primarily for personal,

family or household purposes and is therefore a “debt” as that term is defined by 15

U.S.C. § 1692a(5), namely, a defaulted cellular telephone bill.

17. Within four years immediately preceding the filing of this complaint, Defendants

and the collectors employed by Defendants, and on behalf of Defendant Comcast,

repeatedly and willfully placed calls into Michigan to Plaintiff LaKisha T. Smith’s

personal cellular telephone numbers in an effort to collect this debt, which were at all

relevant times “communication[s]” in an attempt to collect a debt as that term is defined

by 15 U.S.C. § 1692a(2).

Telephone Consumer Protection Act (“TCPA”)

18. At all times relevant to this complaint, Plaintiff LaKisha T. Smith was and is a

“person”

as defined by the TCPA 47 U.S.C. § 153(39) and a subscriber to cellular telephone

services within the United States.

19. At all times relevant to this complaint, the Defendants have used, controlled,

and/or operated “automatic telephone dialing systems” as defined by the TCPA 47

U.S.C. § 227(a)(1) and 47 C.F.R. 64.1200(f)(1).

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20. The Federal Communications Commission (FCC) was given the authority to

issue orders implementing the TCPA. The FCC has issued an order that states:

The creditors are in the best position to have records kept in

the usual course of business showing such consent, such

as purchase agreements, sales slips, and credit

applications. Should a question arise as to whether express

consent was provided, the burden will be on the creditor to

show it obtained the necessary prior express consent.

Similarly, a creditor on whose behalf an autodialed or

prerecorded message call is made to a wireless number

bears the responsibility for any violation of the

Commission's rules. Calls placed by a third party collector

on behalf of that creditor are treated as if the creditor itself

placed the call. In re Rules Implementing the Tel.

Consumer Prot. Act of 1991 , 23 FCC Rcd 559, 565 (F.C.C.

2007), paragraph 10. (Bold underline added. Footnotes

omitted)

21. The Seventh Circuit has ruled that due to the Hobbs Act, the FCC Order cannot

be challenged in the District Courts. CE Design, Ltd. v. Prism Bus. Media, Inc ., 606

F.3d 443 (7th Cir. Ill. 2010). This Court has ruled that because of the Seventh Circuit’s

ruling in CE Design, it “borders on frivolous” to attempt to challenge this FCC Order in a

District Court. Nelson v. Santander Consumer USA, Inc ., 931 F. Supp. 2d 919, 928929

(W.D. Wis. 2013)(vacated after settlement).

22. That on May 6, 2014, Plaintiff LaKisha T Smith filed a Chapter 7

Bankruptcy Case Number 14−47908−pjs and listed Defendant Stellar Recovery, Inc.,

with address of 4500 Salisbury Rd Ste 10, Jacksonville, Florida 32216. Exhibit A.

23. That Defendants attempted to collect a debt from a 2009 Comcast bill in late May

2014, a debt which had been included in Plaintiff LaKisha T Smith’s bankruptcy.

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24. That Plaintiff LaKisha T Smith received her Chapter 7 Bankruptcy discharge on

August 12, 2014. See Exhibit B.

25. Defendant Comcast hired Defendant Stellar to collect debts allegedly

owed to it.

26. Defendant Stellar made numerous Robo calls to Plaintiff LaKisha T Smith after

the bankruptcy filing to her private cell phone number 313­718­XXXX.

27. Defendant Stellar Robo called Plaintiff Lakisha T. Smith numerous times using

number 313­483­8518 to collect on behalf of Defendant Comcast. Exhibit C.

28. Plaintiff Lakisha T. Smith called number 313­483­8518 and Defendant Stellar

Representative indicated the previous call was regarding a Defendant Comcast past

due bill.

29. Defendant Stellar also Robo called Plaintiff Lakisha T. Smith numerous times

using number 1­877­236­5791 to collect on behalf of Defendant Comcast. Exhibit D.

30. On Defendant Stellar website, number 1­877­236­5791 is listed as the Payment

by telephone number. Exhibit E.

31. The acts of Defendant Stellar relating to the Plaintiff were conducted on

behalf of Defendant Comcast and with the consent, approval, and/or ratification

of the Defendants Comcast.

32. Plaintiff LaKisha T. Smith alleges that at all times herein mentioned, Defendant

Stellar was, and is now, the servant, employee, and/or other representative of

Defendant Comcast, and in doing the things herein alleged, was acting in the

scope, purpose, and authority of such agency, service, employment, and/or

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other representative capacity with the permission, knowledge, consent, and/or

ratification of the other Defendants. Any reference hereinafter to “Defendant”

or “Defendants” without further qualification is meant to refer to each and all

Defendants herein jointly and severally.

33. Within four years immediately preceding the filing of this lawsuit, Defendants and

their agents telephoned Plaintiff LaKisha T. Smith’s cellular telephones on numerous

occasions in violation of the TCPA.

34. Without Plaintiff LaKisha T. Smith’s prior express consent, Defendants and its

collectors and agents repeatedly used an automatic telephone dialing system to call

Plaintiff LaKisha T. Smith’s cellular telephones in an attempt to collect this debt.

35. All calls and messages were sent in willful violation of the TCPA and the FDCPA

because Defendants never obtained Plaintiff LaKisha T. Smith’s prior express consent,

and had no basis to believe that they had Plaintiff LaKisha T. Smith’s prior express

consent.

36. Plaintiff has never given out either of her cellular telephone numbers to

Defendant Stellar or its collectors.

37. Defendants’ repeated autodialed collection calls to Plaintiff LaKisha T. Smith’s

cellular telephones, within the last four years prior to filing this complaint, were illegal

third party attempts to collect this debt in violation of the TCPA, 47 U.S.C. §227 et seq.

38. Defendant Stellar’s repeated autodialed collection calls to Plaintiff LaKisha T.

Smith’s cellular telephones, within the last one year prior to filing this complaint, were

illegal third party attempts to collect this debt in violation of numerous and multiple

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provisions of the FDCPA, including but not limited to 15 U.S.C. §§ 1692c(a)(1),

1692c(b), 1692d, 1692d(5), 1692e, 1692e(5), 1692e(10), 1692b(1), 1692b(3), 1692f,

and 1692f(1), amongst others.

Summary

39. All of the above­described collection communications made to Plaintiff LaKisha

T. Smith by Defendants and other collection employees employed by Defendant Stellar,

were made in violation of numerous and multiple provisions of the FDCPA, including but

not limited to all of the above mentioned provisions, amongst others, as well as an

invasion of her privacy by the use of repeated calls.

40. The Defendants’ actions as described herein left Plaintiff LaKisha T. Smith

feeling helpless and victimized, as she was unable to stop the persistent and intrusive

telephoning by these Defendants.

41. Defendants’ persistent autodialed calls eliminated Plaintiff LaKisha T. Smith’s

right to be left alone.

42. Defendants’ persistent autodialed collection calls eliminated the peace and

solitude that Plaintiff LaKisha T. Smith would have otherwise had.

43. Defendants’ actions constituted unauthorized use of, and interference with

Plaintiff LaKisha T. Smith’s cellular telephone service associated with her private cell

phone number for which Plaintiff LaKisha T. Smith paid money.

44. Plaintiff LaKisha T. Smith was charged money for each call that Defendant made

to Plaintiff LaKisha T. Smith’s cellular phones.

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45. Plaintiff Lakisha T. Smith has had an exacerbation of her health problems

including sleepless nights, headaches, and panic attacks due to the illegal actions of

these Defendants.

TRIAL BY JURY

46. Plaintiff LaKisha T. Smith is entitled to and hereby respectfully demands a trial by

jury on all issues so triable. US Const. amend. 7. Fed.R.Civ.P. 38.

COUNT I – VIOLATION OF THE

FAIR DEBT COLLECTION PRACTICES ACT.

47. Plaintiff LaKisha T. Smith incorporates the preceding allegations by reference.

48. At all relevant times Defendant Stellar, in the ordinary course of its business,

regularly engaged in the practice of collecting debts on behalf of other individuals or

entities.

49. Plaintiff LaKisha T. Smith is a "consumer" for purposes of the FDCPA and the

account at issue in this case is a consumer debt.

50. Defendant Stellar is a "debt collector" under the Fair Debt Collection Practices

Act ("FDCPA"), 15 U.S.C. § 1692a(6).

51. Defendant Stellar’s foregoing acts as described more fully herein of illegally

attempting to collect this debt violated numerous and multiple provisions of the FDCPA,

including but not limited to 15 U.S.C. §§ 1692d, 1692d(6), 1692e, 1692e(2), 1692e(4),

1692e(5), 1692e(8), 1692e(10), 1692f, and 1692f(1), amongst others.

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52. Plaintiff has also suffered actual damages, economic damages, emotional

damages, general damages and statutory damages as a result of these violations of the

FDCPA.

COUNT II ­ VIOLATION OF THE

MICHIGAN OCCUPATIONAL CODE.

53. Plaintiff LaKisha T. Smith incorporates the preceding allegations by reference.

54. Defendant Stellar is a "collection agency" as that term is defined in the Michigan

Occupational Code ("MOC"), M.C.L. § 339.901(b).

55. Plaintiff LaKisha T. Smith is a “debtor” as that term is defined in M.C.L. §

339.901(f).

56. Defendant Stellar’s foregoing acts in attempting to collect this debt violated

M.C.L. § 339.915.

57. Plaintiff La Kisha T. Smith has suffered damages as a result of these violations of

the Michigan Occupational Code.

58. These violations of the Michigan Occupational Code by Defendant Stellar were

willful.

COUNT III ­ VIOLATION OF THE

MICHIGAN COLLECTION PRACTICES ACT.

59. Plaintiff LaKisha T. Smith incorporates the preceding allegations by reference.

60. Defendant Stellar is a "regulated person" as that term is defined in the Michigan

Collection Practices Act ("MCPA"), at M.C.L. § 445.251.

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61. Plaintiff LaKisha T. Smith is a "consumer" as that term is defined at M.C.L. §

445.251.

62. Defendant Stellar’s foregoing acts in attempting to collect this debt violated

M.C.L. § 445.252.

63. Plaintiff LaKisha T. Smith has suffered damages as a result of these violations of

the MCPA.

64. These violations of the MCPA by Defendant Stellar were willful.

COUNT IV ­ VIOLATION OF THE

FEDERAL TELEPHONE CONSUMER PROTECTION ACT.

47 U.S.C. § 227 et seq. against both Defendants

65. Plaintiff LaKisha T. Smith incorporates the preceding allegations by reference.

66. Within the one year period immediately preceding this action, the Defendants

made numerous calls to Plaintiff LaKisha T. Smith’s cellular telephone service using an

automatic telephone dialing system in violation of the TCPA, 47 U.S.C.

§227(b)(1)(A)(iii), and 47 C.F.R. 64.1200 (a)(1)(iii).

67. The acts and or omissions of Defendants at all times material and relevant

hereto, as described in this complaint, were done unfairly, unlawfully, intentionally,

deceptively and absent bona fide error, lawful right, legal defense, legal justification or

legal excuse.

68. As a causally­direct and legally proximate result of the above violations of the

TCPA and the C.F.R., Defendants at all times material and relevant hereto, as

described in this Complaint, caused Plaintiff LaKisha T. Smith to sustain damages.

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69. Defendants did not have the necessary prior express consent of Plaintiff LaKisha

T. Smith to use an automatic telephone dialing system to call Plaintiff LaKisha T.

Smith’s cellular telephone.

70. Under the 47 U.S.C. Section 227(b)(3)(B), Plaintiff LaKisha T. Smith is entitled to

statutory damages under the TCPA of $500.00 per telephone call made to Plaintiff

LaKisha T. Smith.

71. Defendants willfully and knowingly violated the TCPA, and as such Plaintiff

LaKisha T. Smith is entitled to $1,500.00 per telephone call made to the Plaintiff

LaKisha T. Smith pursuant to the 47 U.S.C. Section 227(b)(3).

72. Plaintiff LaKisha T. Smith is entitled to injunctive relief prohibiting Defendants

from contacting Plaintiff LaKisha T. Smith on her cellular telephone using an automated

dialing system pursuant to the 47 U.S.C. Section 227(b)(3)(a).

73. Defendant Comcast is responsible and liable for the Defendant Stellar’s

violations of the TCPA pursuant to the FCC Rules implementing the TCPA.

COUNT V – INVASION OF PRIVACY BY INTRUSION UPON SECLUSION.

74. Plaintiff LaKisha T. Smith incorporates the preceding allegations by reference.

75. The restatement of Torts, Second, § 652(b) defines intrusion upon seclusion,

"One who intentionally intrudes upon the solitude or seclusion of another, or his private

affairs or concerns, is subject to liability to the other for invasion of privacy, if the

intrusion would be highly offensive to the reasonable person."

76. Michigan further recognizes Plaintiff Lakisha T. Smith’s right to be free from

invasions of privacy, thus Defendant violated Michigan state law.

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77. The Defendant intentionally intruded upon Plaintiff LaKisha T. Smith’s right to

privacy by continually harassing Plaintiff LaKisha T. Smith with an excessive amount of

calls to her cell phone.

78. The telephone calls made by Defendants to Plaintiff LaKisha T. Smith were so

persistent and repeated with such frequency as to be considered, "hounding the

plaintiff" and, "a substantial burden to their existence" thus satisfying the Restatement of

Torts, Second, §652(b) requirement for an invasion of privacy.

79. The conduct of the Defendants in engaging in the illegal collection activities

resulted in multiple invasions of privacy in such a way as would be considered highly

offensive to a reasonable person.

80. As a result of the intrusions and invasions, Plaintiff LaKisha T. Smith is entitled to

actual damages in an amount to be determined at trial from Defendant.

81. All acts of Defendant and its agents were committed with malice, intent,

wantonness, and recklessness, and as such, Plaintiff LaKisha T. Smith is entitled to

punitive damages.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury in this action.

DEMAND FOR JUDGMENT FOR RELIEF

Wherefore, Plaintiff requests that the Court grant her the following relief against

the Defendant:

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COUNT I.

VIOLATIONS OF THE

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. § 1692 et seq.

AGAINST DEFENDANT STELLAR

● for an award of actual damages pursuant to 15 U.S.C. § 1692k(a)(1) against

Defendant Stellar and for Plaintiff LaKisha T. Smith;

● for an award of statutory damages of $1,000.00 pursuant to 15 U.S.C.

§1692k(a)(2)(A) against Defendant Stellar and for Plaintiff LaKisha T. Smith;

● for an award of costs of litigation and reasonable attorney’s fees pursuant to 15

U.S.C. § 1692k(a)(3) against Defendant Stellar and for Plaintiff LaKisha T. Smith.

COUNT II.

VIOLATIONS OF THE MICHIGAN OCCUPATIONAL CODE

AGAINST DEFENDANT STELLAR

● for an award of actual damages, statutory damages, punitive damages (if the

evidence at trial so warrants), actual costs, and attorney’s fees, under Michigan

Occupational Code.

COUNT III.

VIOLATIONS OF THE

MICHIGAN COLLECTION PRACTICES ACT

AGAINST DEFENDANT STELLAR

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● for an award of actual damages, statutory damages, punitive damages (if the

evidence at trial so warrants), actual costs, and attorney’s fees, under Michigan

Collection Practices Act.

COUNT IV.

VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT

47 U.S.C. § 227 et seq.

AGAINST BOTH DEFENDANTS

● for an award of statutory damages of $500.00 per call pursuant to 47 U.S.C.

Section 227(b)(3)(B) against Defendants and for Plaintiff LaKisha T. Smith;

● for an award of treble damages of $1,500.00 per call pursuant to 47 U.S.C.

Section 227(b)(3) against Defendants and for Plaintiff LaKisha T. Smith;

● for an injunction prohibiting Defendants from contacting Plaintiff LaKisha T. Smith

on her cellular telephone using an automated dialing system pursuant to the 47

U.S.C. Section 227(b)(3)(a).

COUNT V.

INVASION OF PRIVACY BY INTRUSION UPON SECLUSION

AGAINST BOTH DEFENDANTS

● for an award of actual damages from Defendants for the emotional distress

suffered as a result of the intentional and/or negligent FDCPA violations and

intentional and/or negligent invasions of privacy in an amount to be determined at

trial and for Plaintiff LaKisha T. Smith.

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Respectfully submitted,

/s/ Stephen A. Thomas

May 13, 2015 STEPHEN A. THOMAS P43260

Attorney for Plaintiff

645 Griswold St., Suite 1360

Detroit, Michigan 48226

313­965­2265

sthomas@313965bank.com

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Exhibit A

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B9A (Official Form 9A) (Chapter 7 Individual or Joint Debtor No Asset Case) (12/12) Case Number 14−47908−pjs

UNITED STATES BANKRUPTCY COURT

Eastern District of Michigan

Notice of

Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

 A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 5/6/14.

You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights.

All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the

bankruptcy clerk's office cannot give legal advice.

Creditors −− Do not file this notice in connection with any proof of claim you submit to the court.

See Reverse Side For Important Explanations

Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):

Lakisha T Smith

5308 Philip

Detroit, MI 48224

Case Number:

 14−47908−pjs

Social Security / Individual Taxpayer ID / Employer Tax ID / Other

nos: 

xxx−xx−5598

Attorney for Debtor(s) (name and address): 

Stephen A. Thomas

645 Griswold Street

Suite 1113

Detroit, MI 48226

Telephone number: (313) 965−2265

Bankruptcy Trustee (name and address): 

Gene R. Kohut

21 Kercheval Avenue

Suite 285

Grosse Pointe Farms, MI 48236

Telephone number: 313−886−9765

Meeting of Creditors

Date: June 11, 2014 Time: 11:30 AM

Location: 211 West Fort St., Room 315, Detroit, MI 48226

Presumption of Abuse under 11 U.S.C. § 707(b)

See "Presumption of Abuse" on reverse side.

The presumption of abuse does not arise.

Deadlines:

Papers must be received by the bankruptcy clerk's office by the following deadlines:

Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts: 8/11/14

Deadline to Object to Exemptions:

 Thirty (30) days after the conclusion of the meeting of creditors.

Creditors May Not Take Certain Actions:

In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the

debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the

court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be

penalized. Consult a lawyer to determine your rights in this case.

Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So.

Creditor with a Foreign Address:

A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time"

on the reverse side.

Address of the Bankruptcy Clerk's Office:

211 West Fort Street

Detroit, MI 48226

Telephone number: 313−234−0065

For the Court:

Clerk of the Bankruptcy Court:

Katherine B. Gullo

Hours Open: Monday − Friday 08:30 AM − 4:00 PM Date: 5/6/14

14-47908-pjs Doc 8 Filed 05/06/14 Entered 05/06/14 15:10:19 Page 1 of 2

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EXPLANATIONS B9A (Official Form 9A) (12/12)

Filing of Chapter 7

Bankruptcy Case

A bankruptcy case under Chapter 7 of the Bankruptcy Code (title 11, United States Code) has been filed in this court

by or against the debtor(s) listed on the front side, and an order for relief has been entered.

Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. Consult a lawyer to determine your rights in

this case.

Creditors Generally

May Not Take Certain

Actions

Prohibited collection actions are listed in Bankruptcy Code §362. Common examples of prohibited actions include

contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or

obtain property from the debtor; repossessing the debtor's property; starting or continuing lawsuits or foreclosures;

and garnishing or deducting from the debtor's wages. Under certain circumstances, the stay may be limited to 30

days or not exist at all, although the debtor can request the court to extend or impose a stay.

Presumption of Abuse If the presumption of abuse arises, creditors may have the right to file a motion to dismiss the case under § 707(b) of

the Bankruptcy Code. The debtor may rebut the presumption by showing special circumstances.

Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses

in a joint case) must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors

are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date

specified in a notice filed with the court.

Do Not File a Proof of

Claim at This Time

There does not appear to be any property available to the trustee to pay creditors. You therefore should not file a

proof of claim at this time. If it later appears that assets are available to pay creditors, you will be sent another notice

telling you that you may file a proof of claim, and telling you the deadline for filing your proof of claim. If this

notice is mailed to a creditor at a foreign address, the creditor may file a motion requesting the court to extend the

deadline.

Do not include this notice with any filing you make with the court.

Discharge of Debts The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may

never try to collect the debt from the debtor. If you believe that the debtor is not entitled to receive a discharge under

Bankruptcy Code §727(a) or that a debt owed to you is not dischargeable under Bankruptcy Code §523(a)(2), (4), or

(6), you must file a complaint −− or a motion if you assert the discharge should be denied under §727(a)(8) or (a)(9)

−− in the bankruptcy clerk's office by the "Deadline to Object to Debtor's Discharge or to Challenge the

Dischargeability of Certain Debts" listed on the front of this form. The bankruptcy clerk's office must receive the

complaint or motion and any required filing fee by that deadline.

Exempt Property The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed

to creditors. The debtor must file a list of all property claimed as exempt. You may inspect that list at the bankruptcy

clerk's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may file an

objection to that exemption. The bankruptcy clerk's office must receive the objections by the "Deadline to Object to

Exemptions" listed on the front side.

Bankruptcy Clerk's

Office

Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed

on the front side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of

the property claimed as exempt, at the bankruptcy clerk's office.

Creditor with a

Foreign Address

Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in this

case.

Refer to Other Side for Important Deadlines and Notices

The Court will dismiss this case without a hearing if the debtor(s) do not timely file all required documents

and if no request for a hearing on dismissal is filed within 21 days after the petition is filed. The Clerk will give

notice of the hearing on dismissal only to the party requesting the hearing, the debtor and the trustee.

14-47908-pjs Doc 8 Filed 05/06/14 Entered 05/06/14 15:10:19 Page 2 of 2

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.19 Page 19 of 31
}bk1{Credito AresMatix}bk{

U.S. Trustee

211 W. Fort Street 700

Detroit, MI 48226

Account Receivables So

301 N Clinton Ave

Saint Johns, MI 48879

Cba

25954 Eden Landing First Floor

Hayward, CA 94541

Cbm

300 Rodd St Ste 202

Midland, MI 48640

Comerica Bank/Glelsi

Po Box 7860

Madison, WI 53707

Credit Acceptance

PO Box 5009

Southfield, MI 48086-5009

Credit Acceptance

Po Box 513

Southfield, MI 48037

Credit Acceptance Corp.

25505 W. 12 Mile Road, Suite 3000

Southfield, MI 48034

Dte Energy

1 Energy Plz # Wcb2106

Detroit, MI 48226

Edsouth/Glelsi

Po Box 7860

Madison, WI 53707

Fed Loan Serv

Po Box 69184

Harrisburg, PA 17106

Smith, Lakisha - 14-47908

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.20 Page 20 of 31
Glelsi/Mhesla

Po Box 7860

Madison, WI 53707

Josefa Reed

15761 Schultz Street

Clinton Township, MI 48038

L J Ross Associates In

4 Universal Way

Jackson, MI 49202

Rjm Acq Llc

575 Underhill Blvd Ste 2

Syosset, NY 11791

Sallie Mae

11100 Usa Pkwy

Fishers, IN 46037

Stellar Recovery Inc

4500 Salisbury Rd Ste 10

Jacksonville, FL 32216

Us Dept Of Education

Po Box 5609

Greenville, TX 75403

Webbank/Fingerhut Fres

6250 Ridgewood Rd

Saint Cloud, MN 56303

Smith, Lakisha - 14-47908

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.21 Page 21 of 31
Exhibit B

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.22 Page 22 of 31
B18 (Official Form 18) (12/07)

United States Bankruptcy Court

 Eastern District of Michigan

Case No. 14−47908−pjs

Chapter 7

In re Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):

Lakisha T Smith

5308 Philip

Detroit, MI 48224

Social Security / Individual Taxpayer ID No.:

xxx−xx−5598

Employer Tax ID / Other nos.:

DISCHARGE OF DEBTOR

It appearing that the debtor is entitled to a discharge,

IT IS ORDERED:

The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).

BY THE COURT

Dated: 8/12/14 Phillip J Shefferly

United States Bankruptcy Judge

SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.

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Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.23 Page 23 of 31
B18 (Official Form 18) (12/07) − Cont.

EXPLANATION OF BANKRUPTCY DISCHARGE

IN A CHAPTER 7 CASE

 This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it

does not determine how much money, if any, the trustee will pay to creditors.

Collection of Discharged Debts Prohibited

 The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a

creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages

or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving

community property: There are also special rules that protect certain community property owned by the debtor's

spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay

damages and attorney's fees to the debtor.

 However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against

the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a

debtor may voluntarily pay any debt that has been discharged.

Debts That are Discharged

 The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but

not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was

begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts

owed when the bankruptcy case was converted.)

Debts That are Not Discharged

Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:

a. Debts for most taxes;

b. Debts incurred to pay nondischargeable taxes;

c. Debts that are domestic support obligations;

d. Debts for most student loans;

e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;

f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft

while intoxicated;

g. Some debts which were not properly listed by the debtor;

h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not

discharged;

i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in

compliance with the Bankruptcy Code requirements for reaffirmation of debts; and

j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings

Plan for federal employees for certain types of loans from these plans.

 This information is only a general summary of the bankruptcy discharge. There are exceptions to these

general rules. Because the law is complicated, you may want to consult an attorney to determine the exact

effect of the discharge in this case.

14-47908-pjs Doc 12 Filed 08/12/14 Entered 08/12/14 12:59:28 Page 2 of 2

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.24 Page 24 of 31
Exhibit C

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.25 Page 25 of 31
1 Q

.• . . ....,.• ....

-

1 313-483-8518

1 • _

:

^ Missed call

11:38amf Thursday, September 4,

2014

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.26 Page 26 of 31
Exhibit D

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.27 Page 27 of 31
+18772365791

Received July 22, 201 4 1 2:46 PM

•

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\* Call Send message

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.28 Page 28 of 31
Exhibit E

Case 2:15-cv-11717-SJM-MKM ECF No. 1 filed 05/13/15 PageID.29 Page 29 of 31
5/11/2015 Payment

http://www.stellarrecoveryinc.com/payment 1/2

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