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    #1

    Pissed off!!!

    Hi all,

    To those who have stripped 2nd liens...Did you stop paying them before you filed? Was there any special information you had to provide to the bank? I stopped paying mine in January and the bank has been calling daily for about two weeks now. I finally answered today to let the know we'd filed bankruptcy and to provide the case #, attorney info etc. A real a-hole answers and he proceeds to say that he deals with these matters daily and he hopes I know that the lien will still be there after discharge.

    I told him it's a 13 and if he had any questions he could contact my attorney. He refused to take my attorneys info and tried to give me a fax number. I refused to take it so he insisted that I need to talk to my attorney because I am misinformed and need to get educated if I think that I'm not responsible for the loan if I want to stay there.

    I did not mention that we were stripping the loan, I just told him that I have been advised by my attorney and I have a thorough understanding of what's going on. He had the nerve to tell me that if I knew anything I wouldn't be in this predicament!

    I had tried to keep my cool up until that point but that pissed me off and I admit I dropped the "F" bomb! If they continue to call me (which I'm sure they will), will they be violating the automatic stay? Or does that not go in until the clerk of court notifies them via mail? Or should I just wait and do nothing until my 341. It's scheduled for later this month.

    Thanks!!!
    Filed Chapter 13 with lien strip on 2-28-11 * 341 held on 3-30-11 * First confirmation hearing held 4-20-11, continued until 5-25-11, continued until 6-29-11, continued until 8-10-11. Plan finally confirmed on 8-10-11!!!
    Tags: None
    #2
    Do not let a $9.00 per hour bill collector with 15 minutes of bankruptcy training inform you of the law. Lien strips a permanent once you are discharged. Yes he is violation of the auto stay but no judge will sanction because notice of the BK was just sent out. Cool your jets and avoid calls until after the 341, then if they call get info and your attorney can send a cease and desist letter.

    Good luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

    Comment

      #3
      LOL!!! Thanks for putting that in perspective, BKParalegal! I will certainly take your advice. He was the only one that has been nasty. No one else was even slightly rude at all and the phone is finally quiet with the exception of them! I guess it was more touchy for me since this one was concerning my home.
      Filed Chapter 13 with lien strip on 2-28-11 * 341 held on 3-30-11 * First confirmation hearing held 4-20-11, continued until 5-25-11, continued until 6-29-11, continued until 8-10-11. Plan finally confirmed on 8-10-11!!!

      Comment

        #4
        My second trust stopped calling just as soon as I informed them I had filed under Chapter 13. Not a big deal - they will go away

        Comment

          #5
          You are in bk. Why are you even communicating with the creditor? Next time the bank calls get a name and number and call your attorney - let the attorney have some fun (I love to make these type of calls).

          Are you sure the creditor was properly notified - check the mailing list to make sure you used a proper address? Did your attorney already complete the AP to strip off the loan? If the answers to these two questions are "yes", what more can you ask for?

          Des.

          Comment

            #6
            Don't feel bad about dropping the F bomb, Lolly. I probably would have dropped the F bomb, A bomb, S bomb and let the guy know that I'm sorry he has to treat people this way to feel like a real man.
            Filed Ch. 7 11/8/10: Survived 341 Meeting 12/13/10 Report of No Distribution!! 12/14/10Received UST Presumption of Abuse!! 12/15/10 UST states Dismissal is Inappropriate! DISHARGED!! 2/22/11

            Comment

              #7
              @ Des, they keep calling both our jobs so I was hoping that if I answered and let them know we had filed that they would stop calling. We literally just filed yesterday, so no one has received their notification yet, but I did ensure that we had the correct address (lending dept.) for the 2nd mortgage, so they will be notified soon. I don't believe he filed anything separate as he only provided me with a copy of the petition, plan and the notice of filing. Should I inquire about the AP or just assume he's got it handled?
              Filed Chapter 13 with lien strip on 2-28-11 * 341 held on 3-30-11 * First confirmation hearing held 4-20-11, continued until 5-25-11, continued until 6-29-11, continued until 8-10-11. Plan finally confirmed on 8-10-11!!!

              Comment

                #8
                lolly,

                If you only filed yesterday chill out. Notices will be sent and the lender will properly mark its file. Not a big deal. Now that you have notified the creditor, if you get another call (home or work) take down the name and number and turn the info over to your attorney.

                As to the AP, all in due course. Let the attorney do his/her job.

                Des.
                Last edited by despritfreya; 03-01-2011, 05:51 PM. Reason: add comment

                Comment

                  #9
                  I love these types of calls too. When they get irate, I ask them to put someone on the phone who understands bankruptcy, the automatic stay (or permanent discharge injunction), and sanctions, or they can keep talking and I'll take their name and name them personally in my Motion for Sanctions. (It only went that far once with a truly crazy collector! Received a nice letter from their VP of Collections apologizing!)

                  "If you don't understand how Bankruptcy works, then I highly suggest that you not say another word and immediately transfer this call to someone who knows the rules."

                  LOL
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment

                    #10
                    LOL @ Justbroke!!! I'm just going to chill out, stop taking calls, and let the process work!
                    Filed Chapter 13 with lien strip on 2-28-11 * 341 held on 3-30-11 * First confirmation hearing held 4-20-11, continued until 5-25-11, continued until 6-29-11, continued until 8-10-11. Plan finally confirmed on 8-10-11!!!

                    Comment

                      #11
                      Originally posted by lolly78 View Post
                      Hi all,

                      To those who have stripped 2nd liens...Did you stop paying them before you filed? Was there any special information you had to provide to the bank? I stopped paying mine in January and the bank has been calling daily for about two weeks now. I finally answered today to let the know we'd filed bankruptcy and to provide the case #, attorney info etc. A real a-hole answers and he proceeds to say that he deals with these matters daily and he hopes I know that the lien will still be there after discharge.

                      I told him it's a 13 and if he had any questions he could contact my attorney. He refused to take my attorneys info and tried to give me a fax number. I refused to take it so he insisted that I need to talk to my attorney because I am misinformed and need to get educated if I think that I'm not responsible for the loan if I want to stay there.

                      I did not mention that we were stripping the loan, I just told him that I have been advised by my attorney and I have a thorough understanding of what's going on. He had the nerve to tell me that if I knew anything I wouldn't be in this predicament!

                      I had tried to keep my cool up until that point but that pissed me off and I admit I dropped the "F" bomb! If they continue to call me (which I'm sure they will), will they be violating the automatic stay? Or does that not go in until the clerk of court notifies them via mail? Or should I just wait and do nothing until my 341. It's scheduled for later this month.

                      Thanks!!!
                      It should all be referred to your attorney. They should not be contacting you at all at this point. Let your attorney know what is going on, and that will end that.

                      In a 13, the second gets stripped if you have no equity.

                      Comment

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