OMG Please help!

[aces67]

Well IDK. Dh spoke with them on Monday and told them exactly what our lawyer said. They claim they haven't received the letter our lawyer sent so dh faxed them a copy. They said if he would do that then they would stop calling and try to resolve the matter. Well the did quit calling until this morning. Now they are calling again and they still don't show that they've received the letter.

My lawyer feels certain that they have received it but he's still waiting on his return receipt to come back so he can prove it.

In the meantime I received a late notice yesterday so instead of mailing a payment I mailed the payment stub back with a copy of the letter attached.

I get the feeling that this is going to be a long drawn out ordeal and I was really hoping it would be resolved quickly

[music12]

LOL! we need ohiofiler here for some comic relief from time to time

[aces67]

Get yourself a big ol' whistle. After a couple toots of it they'll stop harassing you.

LOL! I like your thinking!

[OhioFiler]

Get yourself a big ol' whistle. After a couple toots of it they'll stop harassing you.

[music12]

ridiculous. i bet had you offered money they would have taken it, no questions asked!

[aces67]

B/C I tried to tell them that and their response was we only want to talk to your husband not you we can't accept any info you offer b/c you aren't on the account.

[music12]

strange, why does the lawyer say it has to be dh who would tell them? why not you?

[aces67]

I think for today until dh gets home I'll let the rest of them go straight to my answering machine then my lawyer said to have dh tell them that they MUST contact our lawyer and stop calling our house because they are violating our rights.

[music12]

for god's sake, talk about violating the bankruptcy code!! they are violating your fresh start, they are violating your dd's sleep, all this was supposed to stop for you. until they do stop, just make sure to document their calls - copy your caller ID, maybe take a picture of it so there is proof, save all their voice messages with a date. they seriously need to compensate you for all this.

[aces67]

They are seriously going to drive me insane! The note is now late and they are calling 6 TIMES A DAY trying to collect. I have caller ID so I can just not answer but the ringing phone wakes my dd from her nap. We tried telling them that they need to refer to the letter that our lawyer sent and they said no they want their payment I just emailed my lawyer to ask him what I should be telling them. I know what I feel like telling them but it's not very nice.

[aces67]

I know guys it does really look like we are fine but gosh you never know. I honestly do feel that my lawyer is correct I just wonder how much of a fight that HSBC might put up. I'm hoping not too much. Our case has been so complicated from the start I'm wondering if HSBC's lawyer's will even understand it all. Lord knows I have a hard time keeping up

[shabam]

You are fine. They cannot carry over material from one case to another. If HSBC pursues this further, they better get ready to pay up.

[music12]

aces, i really think you are totally fine. try to stop worrying about it. assume everything is fine. if not, they will say something, but i really don't think so.

[aces67]

The letter my lawyer wrote says that A reaffirmation agreement was filed between HSBC auto and the debtors on 1/07. That case was then converted to a Ch 13 on 2/07. That plan was confirmed on 6/07. The case was then reconverted to a 7 on 4/09 and discharged on 7/27/09.

It goes on to say that the chapter 13 plan allowed for direct payments to HSBC which upon confirmation became binding on both the debtor and the secured creditor. It states per 11 USC 1327 under the bankruptcy code 348 (a) states that the conversion of a case from one chapter to another chapter constitutes a new order for relief under the chapter to which the case is being converted thereby dissolving any legal effect of the original reaffirmation agreement.

Given the provisions of 11 USC 348 (a) and failure upon the secured creditor's part to submit a new agreement once the case was RECONVERTED to a Ch 7 the debtor's have now been discharged of the debt in question.

HSBC failed to to submit a new agreement for execution under the the reconverted chapter.

If you have any information rebutting the provision as stated above please contact my office to further discuss the matter. Otherwise your cooperation in the voluntary surrender of this auto is appreciated, keeping in mind that this debt has been discharged as a matter of law.

So what do you guys think? The letter looks good and I do think my lawyer is right considering the fact that my mortgage company also agrees. There lawyer made us sign a new agreement when the case was reconverted in April of this year.

[Calthius]

Sorry I hadn't read the second page of the posts.