How do I respond to this...

[chrisandsarah]

I just filed for chapter 7 pro se at the end of October, my schedules are due to be filed in 5 days, and my 341 meeting is at the end of November.

My car loan company has been extremely harassing since I had missed a payment and I'm not sure if right now they are asking legitimate questions or just trying to bother me. When I filed I emailed the assistant manager of the company (it seems to be a very small company) my case number and informed her all collection activity must stop immediately. She responded saying that she would forward this information to their lawyer and that they would see me at the 341 meeting. Now she emailed me today saying that I need to email her a copy of my certificate of credit counseling and copies of all the schedules (that are not due for another 5 days) immediately.

My questions are: 1st of all shouldn't her lawyer be asking me for this information if she forwarded her lawyer my bankruptcy information?

2nd: Any copies of anything should me mailed instead of emailed, right?

3rd: I assumed that she would be able to receive copies of everything at my 341 meeting (if she goes) or through pacer. And if this company is on the creditor mailing matrix would they receive copies of everything anyways?

I get the feeling that right now she is just trying to bother me, but I don't want to reply to her until I'm sure. Also is there anything I should prepare for if she shows up at the 341 meeting? Thanks.

[Tbornetun]

You don't need to send her anything, they should receive notification from the court of your filing and it is up to them to obtain copies if they want them.

[JRScott]

Just get your schedules completed. They are just wanting to see if you listed them or not I'm sure.

The court will send them a notification I believe once you have filed all the papers, to be sure you might want to send each a letter yourself with all the pertinent information since you are pro se.

1. Not sure, but yeah seems it would be more appropriate for the lawyer. In fact by communicating with you after being informed of the bk filing she's probably violating the stay but might claim she hadn't received official notification from the court yet (which takes about a week).

2. Yeah I'd mail info certified, not send by email.

3. Yes once the schedules are all uploaded, they should be able to view them from PACER assuming they are set up to do so, and it wouldn't take much for them to set it up.

[chrisandsarah]

Yeah I thought something didn't seem right. When I reply to her I'm going to ask her to have her lawyer contact me from now on and that all communications will be via mail. Also once the schedules are filed it will be her lawyer's responsibility to obtain copies if needed. If I should add something in please let me know.

Also what can I expect if she does show up at this meeting? This woman is really something else so I want to be prepared for whatever crap she might try to pull. Thanks again.

[TEW]

They are in Violation of the stay willful or not they are on the matrix and will or have been notified. I would not communicate with them any further.

[JRScott]

Yeah I thought something didn't seem right. When I reply to her I'm going to ask her to have her lawyer contact me from now on and that all communications will be via mail. Also once the schedules are filed it will be her lawyer's responsibility to obtain copies if needed. If I should add something in please let me know.

Also what can I expect if she does show up at this meeting? This woman is really something else so I want to be prepared for whatever crap she might try to pull. Thanks again.

All she can really ask at the 341 is if the debt is yours. Then after verifying it she can ask, Do you plan to reaffirm, surrender, or redeem? You then answer the question. If surrendering the car generally she'll need to file a motion with the court to have the stay lifted before taking possession of the car.

[chrisandsarah]

When I first sent her the case number I did ask for a reaffirmation agreement to be sent to me and she also told me that they do not reaffirm any debts that are "defaulted or fraud". Mine I guess is defaulted as I'm late by 1 payment, but it's not a fraudulent debt. So now I am planning on surrendering the vehicle (hopefully after discharge so I have time to find another). So if she already said they wouldn't reaffirm, I don't see why she would go to the meeting... unless she just used that as a scare tactic or something?

[JRScott]

Yes she could be doing that.

It is generally required that you be up to date at the time of filing to be able to reaffirm. However you might could work out a deal if you could get caught up before the 341 if that's what you want to do. It'll be harder probably since you are pro se.