Request for Notice Under Bankruptcy Rule 2002

[Carmella]

Request for Notice Under Bankruptcy Rule 2002----What does this mean?? Is it fair to assume it's nothing serious since I was never contacted ?

Ally Auto had filed this with the court in July. I saw it on PACER. I had never been informed and I don't know what it means. To my uneducated eye it looks like they provided the court with a new address or something since they ask for info to be given to AIS Portfolio Services.

I think I had heard somewhere Ally merged with another group maybe this is just info for the court. But the timing lines up with problems with Ally's customer service. Ally held the loan for the my car which has been totaled and will be paid off by the insurance.

The issues started around July where I started to get fees for late payments. I didn't notice at first since I just went on the website to pay the payment amount and I paid within the grace period as I have done many times since the loan started in 2017 before our BK was filed.

When I noticed the late fees a few months into it I called and was told they don't have a grace period. I looked at all my payments and none would be late if you consider the grace period.

Though I noticed what they also did was when I paid the normal payment it might not have been considered a "full payment" since it looks like they didn't credit the full payment since the payment due was increased to include the late fee . I don't know if I incurred any late fees after BK when they did not allow online access and didn't send any paper bills. I tried looking back, but it's hard to tell because I only have access to seeing the date/how much I paid. But I can see in July , now that I get paper bills, they started this mysterious late payment and I WONDER if it started because I paid (within grace period) on July 1 for June's payment and then I paid on July 28 (the actual due date) for July so it looks like two payments on the calendar in July and NO payment in June.

I couldn't get anywhere calling Ally prior to the accident. I could not get an answer from anyone and I feel like the workers are just doing their job answering phones, reading a script in a far away land.

[justbroke]

A request for notice is technically nothing. It's just asking the court, and putting others on notice, that if there are any filings that need to be served on a particular creditor, then it should be sent to the address (or email) as specified in the document.

For what it's worth, many auto creditors assign the bankruptcy claim to Ascension Capital or a similar company. These are specialty companies that deal specifically with bankruptcy.

[Carmella]

justbroke that's great that it is something routine. Funny they waited over 3 yrs to make a motion for it.

[Clay3007]

I was told that they could not charge fees during an active chap 13? Our credit union was charging us for a few months and i called the attorny and they credited us back everything.

[justbroke]

justbroke that's great that it is something routine. Funny they waited over 3 yrs to make a motion for it.

These can happen randomly through a bankruptcy. In some instances, the notification is because they changed attorneys, or an address changed.

[Carmella]

I was told that they could not charge fees during an active chap 13? Our credit union was charging us for a few months and i called the attorny and they credited us back everything.

That's my understanding as well. I couldn't get anywhere on the phone with anyone. I really think they are just working people who read from a script and don't really know anything outside of that. It was like talking to a wall. Plus I think there was a language barrier when I asked questions if it wasn't basic they didn't get what I was saying.

I was trying to catch up by paying partial fees, but then one month it was good no late fee and then the next month there was a fee. I don't know what was going on. I don't know why there was no grace period after 3 yrs of having one, but who really reads all the terms when they are updated and a mile long. I don't know why when I paid my payment they put the money on the "total" which included late fees. Say it was $100 payment and there was $25 late fees, they considered my payment $125, but I paid $100 so they showed that I didn't pay a full payment since it was $25 short and then added on an additional fee. That happened a few months before I caught it. That's my fault it dragged on for a few months. I didn't read the bills when they started sending paper bills again. Online I didn't pay attention I just clicked and paid the monthly amount. That's why the late fees accumulated for a few months before I caught it.

Then when the car was totaled I just paid the entire amount to expedite the pay off. My insurance company had a heck of a time trying to get the pay off balance and was playing phone tag. They read me all the attempts of calling. The insurance company advised me to pay the full amount since my payment was due before they could get the pay off amount. At that point I just wanted to expedite the pay off so I could move forward with the process to get a car loan during active BK 13.

My mortgage/HEL do not charge late fees and told me that in the beginning when they took away the online access and stopped sending bills. Fortunately the online access was restored and made it much easier for me to manage than either calling the BK dept at the bank which was always a process just to transfer money from one account to another or going to bank in person!

If the car wasn't totaled I may have tried again to talk to someone about it.