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Paying mortgage(s) after filing CH7?

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    Paying mortgage(s) after filing CH7?

    Today our 2nd mortgage payment was due. It is automatically taken out of our account at the CU. The CU is the one who we have the 2nd mortgage with. I checked online and the payment did not come out and it says our loan is inactive. Do even the mortgage co's stop trying to collect payments? Even if we put in our petition we plan to reaffirm? We filed almost 4 weeks ago. Haven't heard anything from either co about signing a reaffirm notice.
    Our lawyer said to call the CU to see how we can arrange payments.
    Anyone else have experience with this? What did you do? How did it go?
    FILED CH7: 03/20/09
    341: May 11th, 2009
    DISCHARGED: July 13th, 2009

    #2
    They have to cancel the auto withdrawal and are not allowed to contact you due to the automatic stay, you however can contact them and as your lawyer says you should call them. When you call ask to speak to the bankruptcy department.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      Yes, JR is right. Once you file, the creditor can not contact you even if you select to reaffirm the debt with them. They can not take out payments automatically.

      You call them to make payment arrangements with the BK dept. Usually you can mail in a payment or deliver to a branch. Once your case is discharged it will be moved back to the regular customer service dept, although it might be a little rocky in the beginning!
      I reaffirmed a car loan with my CU and although I get quarterly statements, I do not get billing statements for the vehicle. I no longer have on line access since my filing. It is a little inconvenient, but they have been very cooperative.

      So just call them.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        This is the first time I have heard about this. I wish our atty had explained that we needed to contact both banks to make payment arrangements. At least now I know that I need to do this. Thank you for this thread.
        Ch 7 filed: 3/30
        341: 5/12
        Discharged and Closed 7/20: Now known as- Free Willy

        Comment


          #5
          We have a loan for our car with the credit union that we sent reaffirmation papers but never received anything from back from them. I have a certain amount deducted from my pay into my CU savings and then the payment is auto deducted from there. They have continued to deduct the monthly payment completely through our bankruptcy process (Filed Dec 2008-Discharged March, 2009). CR indicates "Included in Bankruptcy" so I assume they never signed the reaffirmation papers.

          On the other had I always paid a few extra dollars towards our 2nd mortgage (not with CU) (just to round the amount up) and once we filed the extra amount kinda of just hung in limbo- they would apply the regular amount to the principal and interest but not the extra. When I contacted customer service they said it was because the account was with the bankruptcy department. Account must be back in regular status because they applied the extra amount last month and the online statements no longer say "account in bankruptcy" but does say that the statement is for informational purposes only.

          Guess every company is different.

          Comment


            #6
            i was not clear on this either.... my attorney told me to continue to send in payments, and not to call them. Luckily, i photocopied my last bill and i am using this to make payments on my car.

            When do they start sending you bills again?

            Comment


              #7
              Originally posted by MSH View Post
              i was not clear on this either.... my attorney told me to continue to send in payments, and not to call them. Luckily, i photocopied my last bill and i am using this to make payments on my car.

              When do they start sending you bills again?
              If you discharge the loan with out a reaffirm they will only send you informational notices not a bill.
              Chapter 7 07/30/2008
              341 09/17/2008
              Discharge 11/21/2008

              Comment


                #8
                I am actually looking to do a ride-thru on my car.... so, i am keeping the payments going.

                Will they start sending notices again after discharge?

                Comment


                  #9
                  I am looking to do a ride-thru on my auto loan too. But I want to negotiate a principal reduction or at least interest rate reduction. My lawyer says to file Intent to Reaffirm the auto when she files my bk but just not sign the reaffirm papers and then try and negotiate thru the lawyer's office or on my own with the lender.

                  Comment


                    #10
                    Called both my banks today using the phone numbers on the credit matrix that are direct numbers to the bk depts. That worked like a charm and it took less than five minutes with each bank to get things squared away. Confirmed with each our plan to reaffirm. One bank required a signed paper be faxed back, the other was just a phone call and now my statements can begin arriving again from both. It was painless.
                    Ch 7 filed: 3/30
                    341: 5/12
                    Discharged and Closed 7/20: Now known as- Free Willy

                    Comment


                      #11
                      I was surprised to see the bill in the mail last week for the first mortgage. Fine with me easier to make payments. But i'm assuming they are in the wrong for doing so? How did you guys get papers for reaffirming? I haven't gotten any yet. I'm wondering if they will send anything.
                      FILED CH7: 03/20/09
                      341: May 11th, 2009
                      DISCHARGED: July 13th, 2009

                      Comment


                        #12
                        Check with your attorney. Usually the banks are very prompt getting the reaffirmation papers right out to the attorney.
                        Filed CH 7 9/30/2008
                        Discharged Jan 5, 2009! Closed Jan 18, 2009

                        I am not an attorney. None of my advice is legal advice in any way..

                        Comment


                          #13
                          Originally posted by StartingOver08 View Post
                          Check with your attorney. Usually the banks are very prompt getting the reaffirmation papers right out to the attorney.

                          I did ask when i called about the payment not coming out. They said they hadn't received anything.
                          FILED CH7: 03/20/09
                          341: May 11th, 2009
                          DISCHARGED: July 13th, 2009

                          Comment

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