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    Help - Wells closed account -

    Thought I had a good lawyer - turning out to be not so good. Initially filed a 7 and then a motion to convert to a 13. When the 7 hit, wells fargo put a motion to vacate the auto stay. Then we filed a convert to 13 petition. No wells sent another ORDERED vacate to the stay and is about to enter forclosure. They closed my account and will not accept payment. Is there anything i can do ?

    #2
    what is your intention? To keep the car? the house? If so then your attorney has to do the communication with Wells Fargo. They can't foreclose while you are in a chapter 13 bk anyway and as your bk is still active, even though converting to a chapter 13, they can't do anything. And the judge has to rule on the order to lift the stay. Relax. Just be sure to contact your attorney and tell him, yes I want the house, or car, or no I don't. He can then file the necessary motion to object to the lifting of the stay. Relax

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      #3
      I have Wells for Auto & Home. They sent me a reaffirm for the car. Interesting enough they lowered my payment and interest rate. I file NOV. I just received the reaffirm this week. However, I have not received anything for my home.

      I am CH7 no asset

      Comment


        #4
        Originally posted by rrockinggramma View Post
        what is your intention? To keep the car? the house? If so then your attorney has to do the communication with Wells Fargo. They can't foreclose while you are in a chapter 13 bk anyway and as your bk is still active, even though converting to a chapter 13, they can't do anything. And the judge has to rule on the order to lift the stay. Relax. Just be sure to contact your attorney and tell him, yes I want the house, or car, or no I don't. He can then file the necessary motion to object to the lifting of the stay. Relax
        Thanks - I want to keep the house. I just got a letter saying court ORDERED the removal of the stay and wells closed the account. Wont I have to reapply?

        Comment


          #5
          Originally posted by NEWBIE911 View Post
          Thought I had a good lawyer - turning out to be not so good. Initially filed a 7 and then a motion to convert to a 13. When the 7 hit, wells fargo put a motion to vacate the auto stay. Then we filed a convert to 13 petition. No wells sent another ORDERED vacate to the stay and is about to enter forclosure. They closed my account and will not accept payment. Is there anything i can do ?
          Has the Motion to Convert been approved yet by the BK Court? If not, there is your answer. Talk to your attorney.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            Originally posted by Flamingo View Post
            Has the Motion to Convert been approved yet by the BK Court? If not, there is your answer. Talk to your attorney.
            my attorney fell off the face off the face of the earth - so, I don't know if the convert went through. The ordered vacate of the stay was from the BK judge.
            Last edited by NEWBIE911; 01-24-2009, 08:56 AM.

            Comment


              #7
              Well, you need to get an answer as to what is going on as to your conversion. When was the Motion to Convert filed? If your attorney is not returning your phone calls, call and leave another message with his assistant, paralegal or on his voice mail that if you don't have an answer as to this matter in 24-48 hours, that you will come to the office to obtain the answer in person. That should get someone moving...best of luck to you!
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment


                #8
                Originally posted by Flamingo View Post
                Well, you need to get an answer as to what is going on as to your conversion. When was the Motion to Convert filed? If your attorney is not returning your phone calls, call and leave another message with his assistant, paralegal or on his voice mail that if you don't have an answer as to this matter in 24-48 hours, that you will come to the office to obtain the answer in person. That should get someone moving...best of luck to you!
                Thank you

                Comment


                  #9
                  Originally posted by Flamingo View Post
                  Well, you need to get an answer as to what is going on as to your conversion. When was the Motion to Convert filed? If your attorney is not returning your phone calls, call and leave another message with his assistant, paralegal or on his voice mail that if you don't have an answer as to this matter in 24-48 hours, that you will come to the office to obtain the answer in person. That should get someone moving...best of luck to you!
                  I don't call my lawyer, I just show up at the office. Always get an answer.
                  Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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