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Is a secured lender allowed to contact me?

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    Is a secured lender allowed to contact me?

    More specifically an auto lender. I've been told that my auto lender has in the past refinanced existing loans that were include in BK at redemption value. In other words, they are doing redemption loans rather than auctioning off the vehicle.

    Can they contact me under the automatic stay? I would prefer that the offer comes from them first. I have no problem surrendering. FWIW,the car is worth $11,000...balance of the loan is $20,000.
    6/30/2009 Filed Ch. 7
    10/06/2009 Discharged
    01/24/2011 Closed

    #2
    Originally posted by hamburgervol View Post
    Can they contact me under the automatic stay? I would prefer that the offer comes from them first. I have no problem surrendering. FWIW,the car is worth $11,000...balance of the loan is $20,000.
    Did you file pro se or through an attorney. If you filed through an attorney, all contact should be through your attorney.

    If you filed pro se, you can work with them on the Redemption. So long as they're not trying to repossess your car while the Stay in in place... you're good to go.

    I've personally talked to my lender attorneys many times.

    BTW, is this US Bank?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Filed through an attorney. It's National Auto.
      6/30/2009 Filed Ch. 7
      10/06/2009 Discharged
      01/24/2011 Closed

      Comment


        #4
        Looks like you would ask your lawyer to do this. Your lawyer may charge you for a reaffirmation.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Hamburger:

          Might review the contract with your Bk Attorney for specifics. Our BK Attorney's contract includes 2 reaffirmations.

          Comment

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