Quick Ch7 Home Question

[IBroke]

It really seems like, if nothing else, the Trustee at your 341 would have mentioned it...something like, "So, you're *not* discharging the mortgage on your house?" I mean, if it wasn't included in BK, wouldn't it then be an asset that he/she could go after?

The question is:

Do you LEGALLY have the option to NOT include a mortgage in BK? I doubt it and even the attorney said it ("All debts are required to be included in your bankruptcy").

Since when can a debtor choose and pick what debt gets a discharge/is included in CH7 and what not?

Can I keep a financed car (also a "secured" debt) totally out of CH7 when filing? Hmm, never heard of that...

[dspii]

I found this online...may help your case if you find that you did NOT enter into a reaffirmation agreement, as this "signed agreement" is required and cannot be replaced with intention. The court must approve it.

The Reaffirmation Agreement was filed by a representative of the creditor on April 11, 2009, after Debtor’s discharge had already been entered on April 6, 2009.

[mccaverty]

Well, exactly - and if a debtor can't pick and choose, then a BK attorney would certainly (hopefully!) know that a debtor can't pick and choose, and further, a Trustee would know it. I think WF is trying to scare/intimidate the OP, but I'm not sure why.

[NoMoreCards]

I think WF is trying to scare/intimidate the OP, but I'm not sure why.

You said it best, and the reason is because it works and they can.

Pacer should have the original docs and if not the attorney certainly would. Perhaps the OP can go in Pacer and look again, or ask the attorney to fax them to her. It would be better than stressing over all this.

[charredswife]

The WF Fiasco Continues...

Secretary at our lawyer's office verified that Wells Fargo is in fact in our creditor matrix, and we are not liable for that (secured) debt (no one is sure why the creditor matrix link won't show up on PACER). WF must be using scare tactics. Specifically what the WF rep told us previously is:

1. We have to sell the house to satisfy a deed-in-leu in order to not be held responsible.
2. Failure to do so will mean it goes permanently on our record, and we can "never purchase a house again."
3. They don't see our having included WF in our BK, so they can repo the house, but we still owe the full balance.

Armed with our lawyer's office's reassurance, we called back WF's bankruptcy department. They told us they can't help us- it's not their issue anymore. Our account has been sent to the Collections Dept... Telling them it was included in our bankruptcy didn't phase them. They gave us another 1-800 number, and that was that.

After waiting on hold for a while with the Collections Dept, a rep finally got on. For the third time, we updated our contact information, explained we are not in the home any more, then began asking questions.

The call disconnected

Called back a second time. Updated our information a fourth time, finally explained everything again. "We can't do anything about that here, you have to talk to the Bankruptcy Department."

Waiting on hold to speak to the BK Dept now. Again. Verify all data again.. and again... I think at this point we're getting dizzy. Wait, now THIS person is saying they DO see that it is included in the BK (discharged July 10th), and it is NOT in collections, and they have no idea why we were talking to them at all...

Supposedly everything is fixed, fine and good... as far as you can trust Wells Fargo. Apparently your status depends on who you get when you call.

[NoMoreCards]

Wonderful News! You can put this mess behind you.

Enjoy the rest of your day, that is quite a bit resolved today.

[IBroke]

Congrats!

[liz417]

Whew! I glad you got it all straighten out

Funny how I have my mortgage and checking/savings account with Wells Fargo and whenever I called regarding ANY of those accounts, I got prompt service followed up with the CS rep asking, "if you get a survey call today from your experience, how would you rate my solving your problem from a 1-10?"....since I filed BK, I have to call a different depts, get switched around a lot, disconnected, have to repeat all my info when I'm transferred to a least 6 depts, etc AND they don't ask me to rate their service!!! I guess your opinion doesn't matter once you file BK!