Creditor Question

[krobin02]

I got a message today from the company who holds the loan on my car. The message simply stated the name, phone number, and department the call was from and asked that I call back regarding my bankruptcy. Are they allowed to do this? (ie should I call them back?) I filed pro-se and don't want to do something that's not really in my best interst. Deadline for objections was a month and a half ago and I'm just waiting for discharge. My trustee recommended it so I know I'm just waiting for the paperwork to be finished or something silly like that.

[anonymuse]

They aren't supposed to call; however, mistakes happen, paperwork goes to the wrong people, and computer systems aren't always updated on time. No harm pleasantly returning the call. Just have your case number and BK info ready in case you need it. Find out what their question is, but don't rush to give them an answer and tell them you'll get back to them if you need to. If they get rude, don't hesitate to tell them that they're in violation of the automatic stay.

[krobin02]

The caller was from the bankruptcy department at Hyundai Motor Finance Co. and the only reason I'm worried at all is because I have not signed a reaffirmation on my car but am still paying on it to keep it. I can't (literally, physically) make do without my car... especially where I live. There is no public transit here.

[keepmine]

but am still paying on it to keep it. I can't (literally, physically) make do without my car

Then, ya better call them back. If you live in a district that requires reaffirmation, you will be walking.

[aa06a47]

The caller was from the bankruptcy department at Hyundai Motor Finance Co. and the only reason I'm worried at all is because I have not signed a reaffirmation on my car but am still paying on it to keep it. I can't (literally, physically) make do without my car... especially where I live. There is no public transit here.

[krobin02]

Well, I called HMFC back today. I found that I actually like the person assigned to my "case" there. She's really nice and helpful too. She was calling me because of the fact that I should have been discharged by now and hadn't been. The reason was (she looked at all the dockets) that I was still showing a deficiency in my filing fees. To this I said, "EXCUSE ME?!?!?!" and asked if she had the phone number for the clerks office here. Suprisingly she did so I called the clerk. After going through it with them the clerk said she would pull all receipts from that day to see if she could find mine and could she call me back. I waited and she did call back. She had found my receipt (which had been entered incorrectly when I paid) and said that this would be corrected. I asked if this was the only thing holding up my discharge. She said it was so now I should have my discharge within the next couple of days!!!!!! Thank you so much to the employee at Hyundai's finance company that cared enough to check into things.

[Minnymouth]

ok,
If you filed pro se, and you intended to keep your auto, you should have signed a reaffirm agreement and submitted it to the Court......

Some states require the agreement...... otherwise you must surrender your vehicle....

Some states you can continue paying on the vehicle, keep the payments current and still keep your auto..... but if you default on the payments then they can come and pick it up..... (but it would be discharged in bankruptcy and you wouldn't owe anything else on it......

If you signed the reaffirm, then decided to surrender it, then you WOULD OWE the balance on it.....

Lots of things are different when you file pro se..... you are responsible just as if an attorney was handling your case, you do his job also.....

[krobin02]

When I talked with HMFC today I asked specifically about keeping the car w/o a reaff and was told that they allow me to keep it as long as my payments stay current.

[Minnymouth]

Just remember if your late on a payment they can repo immediately on you ..... so make sure you stay current......

Good luck, keep us posted.....