statements/invoices from creditors

[marzipan13]

After I filed bk in the end of June, the statements and invoices stopped coming to my house... I'm assuming that's because of the automatic stay.
But my auto loan bank keeps sending me statements with the past due balance and late fees. As well as my college that I owe tuition to.
Are they allowed to keep sending me invoices?

I also noticed that on my credit report, 1 credit card bank keeps reporting me. It was AFTER I filed that they reported me to credit bureau as 90 days past due, and this week they reported me again as 120 days past due. The other creditors have either updated to "included in bk". Can that 1 creditor keep reporting me more and more past due? Were they allowed to even report me delinquent after I filed?

Thanks!

[CATCHMEIFYOUCAN]

After I filed bk in the end of June, the statements and invoices stopped coming to my house... I'm assuming that's because of the automatic stay.
But my auto loan bank keeps sending me statements with the past due balance and late fees. I'm pretty sure they are violating the automatic stay! Because this one bank kept sending me statments as well, more likely it was computer generated (still not "my problem") they need to shut it off, if need be you can sue them for violating the automatic stay (thats an additional another process though) As well as my college that I owe tuition to. I believe you are still responsible for student loans!???
Are they allowed to keep sending me invoices?

I also noticed that on my credit report, 1 credit card bank keeps reporting me. It was AFTER I filed that they reported me to credit bureau as 90 days past due, and this week they reported me again as 120 days past due. The other creditors have either updated to "included in bk". Can that 1 creditor keep reporting me more and more past due? Were they allowed to even report me delinquent after I filed? You need to send them a letter to correct this. Sometimes it takes a bit of grinding, they need to be reporting it right.

Others will chime in to lend their suggestions and experience.

Best to you, Catchmeifyoucan

[lrprn]

But my auto loan bank keeps sending me statements with the past due balance and late fees. As well as my college that I owe tuition to. Are they allowed to keep sending me invoices?

I'll ask the obvious question first....your auto loan is listed on your creditor list, right?

If your auto lender is listed, then they are violating the automatic stay big time. Also they are NOT allowed to charge you any late fees after you file.

If you filed Ch 7 with a lawyer, notify him/her immediately. Your lawyer will send them a letter that will blister them up and down, right and left!

If you filed pro se, then you call the lender to see why they are still sending you bills after you filed bankruptcy in late June (sometimes humans make mistakes stopping the billing). Then be sure to follow up with a registered return receipt letter with your filing date and case number and threatening legal action if they continue to violate your automatic stay. That should stop them. If it doesn't, contact your trustee.

And about your student loans....bankruptcy is not going to wipe out your student loans except in extremely unusual circumstances of total disability or living below the poverty level. Most of the time your student loan lender will place your account into forebearance while your bankruptcy is active (although they can still charge you interest). They don't send bills as much as they send information sheets - balances, payments received, etc. If they are sending your actual bills, then again a call followed up with a registered return receipt letter is in order.

Can that 1 creditor keep reporting me more and more past due? Were they allowed to even report me delinquent after I filed?

If the creditor is included on your creditor list and received notice, then they can't report you past due or deliquent. It's been more than 30 days since you filed, so dispute this account with each of the credit report agencies who list this debt incorrectly.

[marzipan13]

The debt with the school is not a student loan. It is tuition, books, and fees owed to the school because I was ineligible for the federal loans after I had already attended and after the withdrawal dates. Pretty much, the school fronted me and let me attend for free while they were waiting for the federal loans to be processed. It was in Spring semester that they discovered I wasn't eligible... so I owe the school not the loan lender (sallie mae).

So now the school is threatening to send me to collection agency and report the bad debt to the credit bureau.

[lrprn]

The debt with the school is not a student loan. It is tuition, books, and fees owed to the school so ... I owe the school not the loan lender (sallie mae). So now the school is threatening to send me to collection agency and report the bad debt to the credit bureau.

This changes things then! There are two court cases that made decisions about tuition owed and whether the tuition can be discharged in bankruptcy: In re: Kevin Renshaw, Cazenovia College v. Kevin Renshaw at and In re: David W. Regner, The College of St. Rose v. David W. Regner . You can find the Renshaw case at http://caselaw.lp.findlaw.com/script...nd/995018.html

Bottom line is that in both cases, the bankruptcy courts found that tuition is *NOT* "an educational loan or an educational benefit overpayment" and "are dischargeable in bankruptcy". There's precedent in the law - a good thing for you!

Before you file, like any time you take money from someone you are supposed to pay back and don't, the school can say you owe them money and act accordingly. That includes reporting to the credit agencies and sending you on to a collector. However AFTER you file, then the school has to obey the automatic stay like anyone else. If you filed with a lawyer, call and inform him/her about this immediately. If you filed alone, then send them a cease and desist letter registered return receipt.

[familyof7]

And in that letter point out that it is not a STUDENT loan and once you are discharged the debt will be discharged. Because when they send it to collections the collections will Most likley act as if it is a student loan when in fact it wasnt

[marzipan13]

i got another letter today from a creditor's lawyer... threatening to take me to court for the debt!
that is 3 credits in total that are still contacting me!
woohoo! i can't wait to sue them after discharge!

[lrprn]

i got another letter today from a creditor's lawyer... threatening to take me to court for the debt!
that is 3 credits in total that are still contacting me!

Marzipan, I have to ask the obvious question again. Are you certain that all your creditors received notice letters that you filed bankruptcy?

If you filed pro se, did you send the creditor notice letters out yourself?

And if you filed with a lawyer, have you let him/her know you are getting these letters?

[marzipan13]

I filed pro se. And I listed all creditors in the matrix that I submitted to the court. And according to pacer, it shows that the court notified all those creditors.
The creditor's lawyer that contacted me today, they even updated on my credit report that this debt is included in my bankruptcy.
They must not have notified their lawyer/collection agency.
The other 2 creditors were notified over a month ago by the court.
Any creditor that hasn't been updated on my 3 credit reports, I disputed all of them. Experian is fast in fixing it, since all the ones that I disputed yesterday were updated today. I'm now waiting on TU and Equifax. Some debts the creditor already marked as discharged! Others only say "included in bk".
I'm going to call these 3 creditors on Monday, and I will be sure to record the conversation. I will also send registered letters to them on Monday.
After I filed, I did send faxes/letters to my creditors that have judgments against me and my auto loan bank.
They put a stay on the garnishments.