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can late payments be reported in bk?

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    can late payments be reported in bk?

    Here's my question: Can mortgage and car companies report you as late during and after bankruptcy, if they are included in the bankruptcy?

    I have a friend who filed a couple years ago. She kept her house and her two cars. She was struggling, trying to keep things up to date. She called GMAC one month to let them know she would be late on her payment and how would this affect her in bk. The person from GMAC said that, since she was in bankruptcy, they could NOT report her as late.

    I am now in a similiar situation, trying desperately to get caught up. I'm wondering, does anyone know if the above is for real? Can they really NOT report you to the bureaus for lateness? My friend says she has looked on her credit report and it doesn't show. She filed 2.5 years ago, and recently bought a brand new house.

    #2
    Unless you reaffirm, they cannot report any thing after your file date. BUT if you fall behind, they can repossess or start foreclosure. (Unless you have not yet received the discharge, then they would have to wait it out or file a motion to lift the stay.)
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment


      #3
      Staci, that's unbelievable to me. I mean, I believe you, it just seems like once you file, just everything is on your side. My friend continues to be 2-3 months behind on her car payments, and they do nothing. I HATE being behind, even knowing now that it shouldn't be reported. But I guess it would be just one less thing to worry about. Thanks for the info.

      Comment


        #4
        They can't report you late for something you don't owe. Being even a day late can lead to big trouble though. I guess its more likely to be a problem for a car than a house. (The process of foreclosure is more complicated.)
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment


          #5
          yea, but isn't the last thing a bank or credit union wants to do is take your car?

          Comment


            #6
            They're not going to let you keep it if you don't pay for it.

            Originally posted by accentone
            yea, but isn't the last thing a bank or credit union wants to do is take your car?
            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

            Comment


              #7
              Originally posted by StaciMM
              12/12 Deadline for Objections (2 days and counting-I'm cheating, have decided not to count this weekend!)

              i dont think so honey! back it up and count the weekend!

              you wanna know why? i can tell you but not until after you trust me first and change the date back and STOP CHEATING! unfair! unfair!

              ive still got 50 day left. good lord! this is taking way too long...

              im so depressed
              Im not an attorney or a trustee. You cant trust me either though!

              [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
              [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
              [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
              [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

              Comment


                #8
                I wondered if you would catch me!

                I am NOT changing it back... Nothing gets filed on the weekends, so there! Only tomorrow & Monday left!



                Originally posted by bkfiler
                i dont think so honey! back it up and count the weekend!

                you wanna know why? i can tell you but not until after you trust me first and change the date back and STOP CHEATING! unfair! unfair!

                ive still got 50 day left. good lord! this is taking way too long...

                im so depressed
                Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                Comment


                  #9
                  And the teasing isn't gonna work this time, though I might still tell Minny!
                  Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                  Comment


                    #10
                    but im being honest on this one. there really is a good reason and i want to tell you but you must be fair and honest.

                    ill post as soon as i see that you changed it back
                    Im not an attorney or a trustee. You cant trust me either though!

                    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                    Comment


                      #11
                      What-did you buy one of my debts and are you planning to file an objection at 4:29 pm on Monday?
                      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                      Comment


                        #12
                        Originally posted by StaciMM
                        What-did you buy one of my debts and are you planning to file an objection at 4:29 pm on Monday?

                        12/12 Deadline for Objections (2 business Days Remaining)
                        ok since you are being fair now, but stubborn lol, i will tell you that pacer is 24 hours a day and the attorneys, trustees and US trsutees can and do submit anytime they are working.

                        you are not safe on the weekend. will it happen? prob not. can it happpen, yes very much so.

                        you are almost there! whoo hoo!
                        Im not an attorney or a trustee. You cant trust me either though!

                        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                        Comment


                          #13
                          The courts have electronic filing, but nothing gets updated in Pacer here except for Mon-Fri. And, it seems to be a day behind. Something entered on Monday isn't visible until Tuesday.

                          That's my story, and I'm stickin' to it! (Bonus points awarded if you know who sings that!)
                          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                          Comment


                            #14
                            Originally posted by StaciMM
                            The courts have electronic filing, but nothing gets updated in Pacer here except for Mon-Fri. And, it seems to be a day behind. Something entered on Monday isn't visible until Tuesday.

                            That's my story, and I'm stickin' to it! (Bonus points awarded if you know who sings that!)

                            Collin Raye - found him on pacer just now and he had to give the trustee royalites on that song
                            Im not an attorney or a trustee. You cant trust me either though!

                            [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                            [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                            [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                            [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                            Comment


                              #15
                              I'm impressed-I'm thinking you might have actually known it, not sure if you took enough time to look it up!
                              Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                              Comment

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