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HELP...Reaffirming auto loan

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    HELP...Reaffirming auto loan

    Just filed my Chapter 13 on 8/12. Car loan with GMAC is listed in BK, but will be affirmed (it is indicated as such on one of the schedules).

    I noticed today that the monthly payment hadn't been deducted from my checking account. Logged onto GMAC and my account shows as "Inactive". Called Cust. Support and they said that since they were listed as a Creditor they can no longer deduct the payment, nor send me statements.

    I was really surprised by this. My attorney had never mentioned. I have NEVER been late a month on my payment with them, and was really hoping to maintain a good relationship...

    a. they can't take my car can they?
    b. can I start paying them directly?
    c. is this a normal process (for debt that is intended to survive the BK plan)?

    #2
    It's SOP. They can't deduct it automatically because, you're protected by the automatic stay.
    Contact the bk dept. and get a mailing address.

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      #3
      Yes, this happens once you file...you'll have to get a mailing address and remember to send them the payments.

      Good Luck!
      Last edited by liz417; 08-21-2008, 11:05 AM.
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

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        #4
        You'll definitely want to call and check to see if the address changes now that you have filed BK. An address changed for one of our cars
        Filed Ch 7 - 07/10/08
        341 Meeting - 08/13/08
        DISCHARGED! - 10/15/08
        CLOSED - 10/20/08

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          #5
          I started mailing in payments once I knew we were going to file.

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            #6
            Yeah,. they can't deduct or send you bills once you file. I got their address before hand and starting sending payments myself. Just call them and get the billing address...and if you don't know it get your account number.
            8/5/08 - Filed Chapter 7
            9/10/08 - 341 Meeting - It went great
            11/10/08 - Last day for Objections
            11/12/08 - Discharged & Closed!

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              #7
              Thanks for the help....contacted them and they are sending me the address.

              Comment


                #8
                Does this also apply to house payments? I have my house payment automatically deducted?

                Comment


                  #9
                  Yes.

                  Originally posted by Mi Bankruptcy View Post
                  Does this also apply to house payments? I have my house payment automatically deducted?

                  Comment

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