Another Catch22 complaint

[ColoradoBell]

I filed to save my house from a nasty ex . Didn't have any credit card or med or bank debt...or so I thought.

Was warned that the credit card companies cancelled cards anyway, even if you always paid your bills in full and on time. So I was prepared when Chase cancelled 3 cc with them.

What I wasn't prepared for was that they also cancelled online statements and auto pays.

Ex 's attorney asked for cc statements from Jan 09 and went I went online, I learned that I couldn't access any info online.

So I called Chase and learned that they won't even SEND me my statements and that I have to have my attorney request them by mail. Worse, I learned that they allowed some automatic charges (cable, phone) after I filed and before they cancelled me BUT that they didn't send me any statements showing this $94.00 in charges for July. They also stated that their record indicates that I owe zero, and no finance charges. But that I could make a voluntary payment
of $94 by check only. HUH? I don't want to get into the preferential payments thing because I already might because of auto bill pay of my credit cards every month including month of filing (June). But I believe that I'm responsible for paying any bills AFTER filing...and these auto charges were AFTER filing. I'd just like a statement. The catch 22 is that Chase won't send me a bill and their record seems to indicate that I don't really owe then anything, even tho there were charges that aren't paid for.

I guess I'm not asking a question and just venting....some of the bk rules are just silly.

[catleg]

No bill = no payment, simple as that.

[researchnerd]

Yeah, after I filed I got locked out of my Sallie Mae (student loan) online account, and my monthly auto debit mysteriously stopped. I've called them twice, spoken with at least ten different people (only one of whom spoke english) and nobody can tell me why. Hey, if they don't want my money, they can't have it.

Sorry, guess I had a bit of a vent of my own! It is really frustrating to no longer have online access though. Why in the world do they do that?

[SMinGA]

Its due to the automatic stay, that is why the autodebit stopped. You can make voluntary payments, they cannot initiate payments though or risk violating the stay. Even though the debt is not eligible for discharge, all creditors are bound by the stay.

Unfortunately, customer service people that you speak to probably have no clue of the ins & outs of bankruptcy to answer that simple question for you.

Yeah, after I filed I got locked out of my Sallie Mae (student loan) online account, and my monthly auto debit mysteriously stopped. I've called them twice, spoken with at least ten different people (only one of whom spoke english) and nobody can tell me why. Hey, if they don't want my money, they can't have it

[researchnerd]

Its due to the automatic stay, that is why the autodebit stopped. You can make voluntary payments, they cannot initiate payments though or risk violating the stay. Even though the debt is not eligible for discharge, all creditors are bound by the stay.

Unfortunately, customer service people that you speak to probably have no clue of the ins & outs of bankruptcy to answer that simple question for you.

I suspected that it was related to the automatic stay, but was annoyed that after over an hour on the phone, nobody there had any idea what was going on, nor could they tell me how to make payments in the future, except for one who said I could do a credit card (ha!) payment over the phone. The best they could do was offer to send me a new form to set up a new auto debit, but I haven't gotten anything yet. I am tempted to put this loan into forbearance until the BK is confirmed.

Seems like the auto debit should count as a voluntary payment, since I voluntarily entered into the payment agreement with them. But whatever, I understand their need to CYA too.

[SMinGA]

If you want to continue payments now, call and ask for a snail mail payment address. Confirm your account #. Then set it up thru your bank's billpay. Even though you agreed to the autodebit, they have to draw it from your bank each month and they can't do so since you filed.

No need to request forebearance though, the automatic stay stops the need to make payments until after discharge.

[usmccop]

Yeah, after I filed I got locked out of my Sallie Mae (student loan) online account, and my monthly auto debit mysteriously stopped. I've called them twice, spoken with at least ten different people (only one of whom spoke english) and nobody can tell me why. Hey, if they don't want my money, they can't have it.

Sorry, guess I had a bit of a vent of my own! It is really frustrating to no longer have online access though. Why in the world do they do that?

If you did a 13, that stops student loans. You're really not allowed to pay them until your 13 is discharged. You cannot include student loan payment in your monthly plan.

[researchnerd]

If you did a 13, that stops student loans. You're really not allowed to pay them until your 13 is discharged. You cannot include student loan payment in your monthly plan.

I asked my attorney about this, and he said that Ch13 does not automatically stop student loans - at least in my jurisdiction. He said some (but not all) lenders have a policy that stops auto debit payments.

As you mentioned, they cannot be included in Ch13 plans, so I wanted to stay current on it outside the plan. My attorney said there was no reason I couldn't continue to pay, and in fact said it might help show good faith to the trustee.