Bank statements not sent

[Bankfoe]

After filing a Chapter 13, my bank stopped mailing me my home equity statements. Without them, I wasn't able to check my adjustable rate, like any other non-BK could. So over about two years the rate climbed up 2 percent. And by locking the rate in, the bank raised it another 2 percent. The bank said that they could not send me statements because I am in a chapter 13. Does anyone know if this is legal? (one of my creditors mailed me a statement, and put a note on it that said it if I was in a BK, it was sent for informational purposes only ... shouldn't the bank have done the same)? I pay the bank directly, not through a trustee.

[aa06a47]

After filing a Chapter 13, my bank stopped mailing me my home equity statements. Without them, I wasn't able to check my adjustable rate, like any other non-BK could. So over about two years the rate climbed up 2 percent. And by locking the rate in, the bank raised it another 2 percent. The bank said that they could not send me statements because I am in a chapter 13. Does anyone know if this is legal? (one of my creditors mailed me a statement, and put a note on it that said it if I was in a BK, it was sent for informational purposes only ... shouldn't the bank have done the same)? I pay the bank directly, not through a trustee.

Some do, and some don't. Most lenders have 24 hour 1-800 numbers to check balance, payment information, etc. You just need your account number. Most mortgage lenders do 2 things, 1) quit mailing bills, and 2) if you have internet access to account information, they shut it off.

I have been calling my mortgage company 800 number usually around 5 days after I mail the payment to make sure it is credited to the account. I am also able to obtain next payment information. Hope this helps.

[Bankfoe]

Thank you for your reply. But is this activity legal? What part of the bankruptcy code supports this action. My bank charges for phone calls about the account. If anyone knows, please reply. Thank you

[aa06a47]

Yes, it is legal, in fact, since they are under the automatic stay, it is illegal for them to send them to you. However, the smart ones got around it by the disclaimer statement.

[PI_Lvr]

I don't pay my 2nd mortgage through the BK13 but I still receive a statement each month. It does state right on it that I have filed BK and that the statement is for informational purposes only...even though I send in my payment religiously.

[aa06a47]

I don't pay my 2nd mortgage through the BK13 but I still receive a statement each month. It does state right on it that I have filed BK and that the statement is for informational purposes only...even though I send in my payment religiously.

I pay both my 1st and 2nd mortgage outside the plan. My first mortgage company won't send me shit, even seem rude when I call and ask them questions. My second mortgage company sends me a monthly bill with the note on it about this isn't really a bill, just looks like one.

The second mortgage is a fixed monthly payment, won't change the entire time it is in effect. My first mortgage changes yearly just for fluxuations in the escrow account. I do not know if they will send me an escrow analysis or not.

[SinkingFast]

Thank you for your reply. But is this activity legal? What part of the bankruptcy code supports this action. My bank charges for phone calls about the account. If anyone knows, please reply. Thank you

Yep! Aa is right.

The Lender cannot legally send you "billing" statements while you're in an active Ch 13. All your Creditors are under an automatic stay. If they violate that by billing you they can get into deep doodoo.

Many Lenders and Creditors get around that technicality by sending out "Informational Use" statements instead. That way you can keep up with your acct balance and any changes that have taken place, and the Lender isn't in violation of the BK Law either.