Not sure if a creditor is accepting my Chapter 13 payment plan....

[lukesky]

I filed Chapter 13 8/18/2016 and I had my 341 creditors meeting on 9/13/2016. I guess it went well. LendingClub website/account has never changed at all; its like they never recieved the automatic stay and still has a payment shceduled for 9/16/2016. Do I still have to pay them? I switched bank accounts where I know they will not be paid but what about next month? I thought that LendingClub would be paid through my payment plan. I really do not know what to do. I asked my attorney and got no where. I am scared! Please help!

[justbroke]

No you don't have to pay them. You may want to contact them directly and inform them that you are in an active bankruptcy and they are included. You should give them your district, case# and filing date. They will probably ask for your attorney's name as well. Make sure they take your case# and filing date as that serves as "constructive" notification.

[lukesky]

Thank you so much justbroke. It is very hard to get a straight answer from anyone. I did believe that I did not have to, its just that the Lendingclub payment website looks like it did months ago before the Chapter 13 like nothing has changed. I think I will be okay and I will not pay these people. The only reason I have my doubts is that my attorney said they do not have to accept the Chapter 13 payment plan, time will tell.

[justbroke]

Actually, they really have no choice because they are not a secured creditor. Sure they can object to confirmation for some for cause. In this case, cause would mean that you fraudulently obtained the loan and never intended to pay it back. Don't fret and worry about what I just wrote. The odds of an unsecured creditor, in a Chapter 13, making any noise is nearly 0%. Generally, unsecured creditors don't object about the payment plan.

LendingClub should have updated their site and stopped "billing" you. Otherwise, they are in at least "technical" violation of the automatic stay. If they pull money from your bank account that would also be a violation. When I was in doubt about whether a creditor "knew" of the filing of my bankruptcy, I personally notified them by phone and kept a log. In some cases, I faxed the notice of bankruptcy to them.

[LadyInTheRed]

Please stop being afraid of your creditors. You have taken control of your situation by filing Chap 13. There is no thing to be afraid of.

[justbroke]

Please stop being afraid of your creditors. You have taken control of your situation by filing Chap 13. There is no thing to be afraid of.

I have to echo this. When you file Chapter 13, you are in control and have the protection of the bankruptcy court and laws.

[lukesky]

Thank you LadylnInTheRed, that is very kind. I did on LendingClubs website use their email and told them the case number, my Attorney, etc. Of course, the site remains the same, as if nothing happend. I did remove my bank account so as they cant take anything out. My attorney did send them a automatic stay about a month ago, I guess they are ingnoring it. I also had my 341 meeting on 9/12/16 and no one from their showed up. Time well tell and thank you again.

[lvmilizia]

It is possible they have changed everything on their internal systems but it is just not showing up on your account on the website. Either way I would not worry about it you have deleted your banking information and I think you said changed banks, so even if they did try to take a payment it would not work. Plus even if they did manage to get a payment, they would be breaking the automatic stay which is illegal.

[lukesky]

No you don't have to pay them. You may want to contact them directly and inform them that you are in an active bankruptcy and they are included. You should give them your district, case# and filing date. They will probably ask for your attorney's name as well. Make sure they take your case# and filing date as that serves as "constructive" notification.

Thank you justbroke. It seems LendingClub is not with the program. They are ignoring the automatic stand and are trying to take money out of my checking account. I told my lawyer and he said they cant do anything untill they actually take the money. I live in a crazy unfair world.

[justbroke]

Thank you justbroke. It seems LendingClub is not with the program. They are ignoring the automatic stand and are trying to take money out of my checking account. I told my lawyer and he said they cant do anything untill they actually take the money. I live in a crazy unfair world.

Yes, if they don't actually "take" money then it's a technical violation and you suffered no "injury". If they actually "take" money then that's a violation because it's an act to exercise control over property of the bankruptcy estate. Seems backwards... right?

However, if they are billing you and sending you billing notifications and threats of action, then that is an "act" to collect a dischargeable debt. That is also a violation of the automatic stay.

[lukesky]

Yes, if they don't actually "take" money then it's a technical violation and you suffered no "injury". If they actually "take" money then that's a violation because it's an act to exercise control over property of the bankruptcy estate. Seems backwards... right?

However, if they are billing you and sending you billing notifications and threats of action, then that is an "act" to collect a dischargeable debt. That is also a violation of the automatic stay.

Thank you justbroke. It is a blessing to have you there. They do all of there "loan business" on their website and that website is active and shows last month's loan past due and processing next month. I told my attorney that the checking accounts that where attatched to this loan/website; one is protected by the automatic stay and the other one has a blanket stop forever payment. I told LendingClub by email on their website to stop becuase they recieved the petition/automatic stay. I feel like they are just ignoring this are is it that most things today are delt with computers and it is on autopilot until someone pulls the plug. Thank you for listening.
James

[lukesky]

It is possible they have changed everything on their internal systems but it is just not showing up on your account on the website. Either way I would not worry about it you have deleted your banking information and I think you said changed banks, so even if they did try to take a payment it would not work. Plus even if they did manage to get a payment, they would be breaking the automatic stay which is illegal.

Thanks again justbroke.