Question regarding automatic stay.....

[glwallace]

After you file and get the automatic stay does that stop you from having to make payments or do you still have make those payments until they are discharged?

Lara Wallace in California

[monlyba]

i'm no expert but i'm pretty certain you don't need to make payments... i have been reading the Nolo book and i believe it even said some creditors will refuse payments during that time, but i can't remember if they are allowed to accept them or not. if you're filing bk, why send them money? you're paying for no reason.

[cathywhite4495]

If it's an unsecured debt, don't make payments. If it's a secured debt and you plan on keeping the item (car etc), then you would need to keep on making payments.

[glwallace]

The particular debt I am thinking of is a unsecured loan that comes out of my husbands bank account.

Lara

[familyof7]

It has to stop. If it is unsecured they can not collect it would be a violation of the automatic stay because it would be discharged in bankruptcy you are filing joint right?

[glwallace]

Yes, we are filing jointly.

[marzipan13]

you might want to call the creditor and tell them that you do not give them permission to make anymore deductions from your checking account. if there is a lapse between when you file and when they are notified, they'll take the money... then it'll be a pain trying to get them to return the funds to you.
maybe open a checking account at a different bank.
my auto loan bank and my checking account were there same bank... i closed the account before they could take the money!

[glwallace]

That's the crazy thing the loan is with our bank. We were going to take down a copy of all the paperwork after we file to them and make sure that they do not take anymore payments. Hopefully it will be easy and they will not fight us on this one.

[familyof7]

You need to remove your money from that bank and go to a different bank because alot of times they will take it and close your cheking account.