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reporting to credit bureau during BK

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    reporting to credit bureau during BK

    Do companies such as mortgage or car leasing companies report to the credit bureaus if you make a late payements during your bk or are they not allowed to do that?
    Filed ch7 on 5/1
    341 went smooth on 6/10
    8/12 Order discharging debtor
    8/26/2008 CASE CLOSED!!!

    #2
    Originally posted by itcaughtup View Post
    Do companies such as mortgage or car leasing companies report to the credit bureaus if you make a late payements during your bk or are they not allowed to do that?
    You have a lot more to worry about if you make late or partial payments for an asset during bk than what's happening on your credit report.

    If you make partial or late payments for an asset during an active bk you can lose the asset because you open the door wide to the lender legally repossessing your asset (home, car, etc). All the lender has to do is petition the court to release your automatic stay so they can start the legal process to repossess your asset.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Irprn,

      Let me make sure I follow you: the poster doesn't have to make any payments during this time because all creditors are required to obey an automatic stay during this period? Is that right?

      Comment


        #4
        Originally posted by Phillymanhere View Post
        Irprn,

        Let me make sure I follow you: the poster doesn't have to make any payments during this time because all creditors are required to obey an automatic stay during this period? Is that right?

        definately not a guru but i think that it depends on the state that you live in some states say that a car can not be repo'd if you are current on your payments regardless if you are in bk, so to answer your question if a person does not pay their car payment while in bk the finacing agency can file a motion to temporary lift the automatic stay or a limited automatic stay (i may be saying it wrong) the court will approve the motion so they can repo the car if you miss a payment. if a person plans on keeping a car after bk i would think they better pay every payment on time (just me thoughts on the situation someone more knowledgable will probably chime in shortly)

        Comment


          #5
          Originally posted by Phillymanhere View Post
          Let me make sure I follow you: the poster doesn't have to make any payments during this time because all creditors are required to obey an automatic stay during this period? Is that right?
          No, that isn't right. The poster MUST make complete payments on time after filing to keep a secured asset.

          If the payments for the secured asset are only partial, are paid after the grace period, or are skipped entirely, the lender can request the court lift the automatic stay to start repossession actions.

          Doesn't mean the lender might not give the filer some leeway, but they have every right to request for the lift of stay after just one miss of any kind.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Good to know, thanks for the info. i have been current all the way through, even before filing but last month I paid my mortgage on the 20th, even though it wasnt 30 days late i was curious if they could do anything. So te automatic stay against collecting funds only applies to unsecured debt?
            Filed ch7 on 5/1
            341 went smooth on 6/10
            8/12 Order discharging debtor
            8/26/2008 CASE CLOSED!!!

            Comment

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