ok guys I am new to all this have a few questions

[LadyInTheRed]

Yes, if you plan to keep the car. You may even be able to get them to start sending statements again, but may want your attorney to okay it.

[Pjmax]

I understand a little better now. Yea i do obsess sometimes over things so continue to pay our car note even though we are not getting statements?

Okra77, most of us obsessed and worried about all this. Thanks to this forum and the wonderfully supportive members, understanding the process, and managing the stress, is so much easier.

And be careful not to run up charges on Pacer. Don't spend too much time reading all the documents and surfing. If there is a document you want, download it to your computer and read it or print it out later. I think it's something like $15 in charges that you can accumulate for free. I was able to download every one of my docs (I was a simple 7 also) and I never had to pay anything.

[okra77]

I understand a little better now. Yea i do obsess sometimes over things so continue to pay our car note even though we are not getting statements?

[LadyInTheRed]

When it it indicates a no asset case at the beginning, that means your petition shouls that you have no non-exempt assets for the trustee to liquidate.

A claim is what a creditor files so that they can get a portion of any payments made if you have assets to liquidate.

Try not to obsess over Pacer. If anything happens between now and your 341 that you need to know about, your attorney will let you know. Unless you hear from your attorney, go live yoru life for the next month and don't worry about your case except to make sure you show up to the 341.

[okra77]

thanks so much makes sense now. I just got my pacer up and running and have been following it on there. What does it mean if a claim has been filed also i see that it is a no asset case. I am scared to death of all this legal jargon.

[LadyInTheRed]

It is very common for creditors to stop sending statements and cut off online account access after you file BK. They do this to make sure nobody can claim they are violating the automatic stay against collection attempts. Don't worry, they can't repossess your car until the automatic stay is lifted which will probably be when you are discharged.

If you have the payment mailing address, send checks to that address being sure to include your account number so the payment can be credited correctly. If you don't have the address, call Americredit and ask to speak with their bankruptcy department. Tell them you would like to keep making payments and ask for the address.

[okra77]

here is the latest got my 341 date it is october 1st kind of excited it is that soon.

Have one concern our only vehicle is through gm americredit. I called them early in the process and informed them that we would be reaffirming the car well since then they have stopped sending me statements and when i log in to the website to make a payment I get a message that says. We are aware of your bankruptcy status and we are not attempting to collect a debt we desperately need our car we do not want to mess anything up.

[LadyInTheRed]

yes I just hope ours goes smoothly and things go well.

If your lawyer says your case is simple, it probably is. Review your petition and make sure everything is correct. Bring your ID and SS card. People with simple cases and correct petitions don't have problems at the 341.

[okra77]

yes I just hope ours goes smoothly and things go well.

[LadyInTheRed]

ok i went through pacer and signed up I had to put in my debit card number a little leary about that. My attorney gave us a case number. And I am wanting to follow it and make sure everything goes smoothly. the lawyers offices keeps telling us that our case is simple I am just so ready to get this 341 meeting over with super stressed about it. I will feel much better when I get a 341 date.

As already suggested, please read the 341 Meeting subforum. There are many stories of 341s and you will see that the majority go very smoothly. Most people walk out wondering why they worried so much.

[okra77]

ok i went through pacer and signed up I had to put in my debit card number a little leary about that. My attorney gave us a case number. And I am wanting to follow it and make sure everything goes smoothly. the lawyers offices keeps telling us that our case is simple I am just so ready to get this 341 meeting over with super stressed about it. I will feel much better when I get a 341 date.

[Drazil65]

Hi and welcome. The first thing I would suggest is that you read all the stickies here at the top of the page, wealth of info on the 341 hearing and what happens through discharge. Then read the other areas on this forum for information and suggestions on things like buying a vehicle or how to live on cash after chp 7 etc. Have you signed up with Pacer yet to follow your case? That would be a good way to find out if there are any objections filed or how your case is progressing, this will also show your discharge and close date.

We were able to get a new car about 6 months after discharge with a 6.5% interest rate for 4 yrs. You should not have any issues getting something as a previous poster stated you will get all kinds of offers in the mail. Good Luck!

[okra77]

Lets say i bought a vehicle from an individual would that be illegal???
How do i know if objections have been filed?

[bcohen]

1. In theory, the discharge is supposed to be granted on the 61st day after your 341 meeting. Even with no creditor objections, it can take longer. My 341 meeting was on June 18, and I still have not received the discharge papers (although maybe the electronic court records show that I am discharged).

2. You don't even have to wait that long, although I am sure that you would receive better terms and a lower interest rate if you wait until after discharge. In fact, within 72 hours of filing for bankruptcy, my mailbox began overflowing with offers from brand-name car dealers (eg Chevrolet, Ford, Toyota, etc) to "rebuild [my] credit" by buying a "pre-owned" car. Most of these offers made very clear that an open bankruptcy is ok, and that past repossession or surrendering my current vehicle in the course of bankruptcy would NOT be a problem. I would recommend that you wait until after discharge if possible, and then either save up enough money to buy a used car outright from a private seller, or if you must finance, deal ONLY with a brand-name car dealer--not one of those sleazy "buy here, pay here" places.

3. The only legal basis which a payday lender would have to object to discharge is if you took out the loan within 90 days of filing for bankruptcy. In that case, they could argue that you never intended to pay back the money. As long as you allow several months to elapse before you file, the chance of a payday lender (or really any lender for that matter) objecting is slim to none. FYI, if the payday lender is threatening to object to discharge under your state's bad check laws, that is an idle threat. A post-dated check presented to a payday lender is NOT treated as a NSF check under the laws of any state.

4. What will happen at the 341 meeting depends on how correctly and completely you filled out the petition and schedules, whether or not you have sufficient non-exempt assets to perk the trustee's attention, and whether or not you have any non-dischargeable debts or creditor objections. Assuming that you have filled out the petition and schedules properly, have little or no non-exempt assets (less than $1000 over the exemptions, depending on the trustee), and have no creditor objections, the 341 should be quick and painless. You will simply present your drivers' license and social security card, and the trustee will swear you in and ask if everything is correct and complete. He will likely also ask if/when you received and spent the current year's tax refund.

[ccmisery]

The discharge date will be on your 341 notice, but mine was a few days past that date according to Pacer.

You won't be able to get any new credit after filing, actually it may be presumption of abuse if you attempt to do so, maybe someone can verify? I am sure I read this somewhere during my research? Post discharge, but for many people the APR is atrocious.

I bought a car prior to filing.