60 days past 341 meeting- AZ

[justjane]

I am new here and I am hoping someone can help with a question.

As of yesterday 11/17 it has been 60 days since my 341 meeting. I have not gotten anything advising if my bankruptcy has been discharged as of yet. However I got a phone call from the lender on the car we are turning in (which is fine because we need to arrange for them to come get the car) and my husband just got a call from the lender on the home we are releasing. The mortgage company said they had no record of our filing a Chapter 7, but we know they did. Is this common to start getting collection calls after the 341 and before the discharge?

[RBisDebtFree]

How do you know they did receive a notice of filing? Are you viewing your case on PACER? There should be a record with a name similar to "Notice of Filing ... to Creditors", I really don't remember the name, but that's the document that would list all entities to whom the notice was mailed or electronically delivered, you can double-check that way.

Also, what was the reason of their call? Have they called after filing and before the 60 days were up? If you don't pay and they don't know you filed, they would probably call all the way through the filing date and wouldn't stop, if they did and you answered, you probably have let them know that you filed the first time they called after filing.

[justjane]

How do you know they did receive a notice of filing? Are you viewing your case on PACER? There should be a record with a name similar to "Notice of Filing ... to Creditors", I really don't remember the name, but that's the document that would list all entities to whom the notice was mailed or electronically delivered, you can double-check that way.

Also, what was the reason of their call? Have they called after filing and before the 60 days were up? If you don't pay and they don't know you filed, they would probably call all the way through the filing date and wouldn't stop, if they did and you answered, you probably have let them know that you filed the first time they called after filing.

No, I have not check PACER as I just learned about that today, hwoever I will check. The mortgage company has not called since we filed the BK and when we filed the BK I called the mortgage company and verified the mailing address to the bankruptcy department. November 18, 2009 is the first time we have heard from them since I filed the BK in August 2009.

[RBisDebtFree]

Well, that would be a question to ask them: why did you stop calling since the date I filed?

Also, did you hire an attorney? If so, you might want to ask him to call the mortgage company.

Btw, have you double-checked that you included them in your bankruptcy petition? I assume you know that you did becuase you even called and verified the mailing address to the bank so I don't think there's much to worry about. I don't know how backed AZ is but if you are in an automatic discharge district then your discharge will be on day 62-63 not sooner than that. If today is day 60, then day 63 might fall on the weekend and you might have to wait till Monday. However, I called them on day 61 I think, later in the afternoon, to see if there was anything holding my discharge. Anyhow, when you get your discharge, you might want to fax or mail a copy of discharge to them along with the parts of your petition that show them included in bankruptcy, I think it's the schedule of creditors and also statement of intetions...

[justjane]

Oh yes I did check, double-checked and re-checked that I included them on the schedule. I also double-checked the MML and made sure that they were on there also and they were.
My husband told them to check with the legal department and that he would not be answering any calls from them.

I am just being anxious, anxiety and I have become inseperable since the day my husband lost his job in 2008. Hopefully I can release that once my discharge comes through!

Thank you!

[Calthius]

Had you made any payments to the car loan or the mortgage since filing?

[justjane]

No I have not.

[RBisDebtFree]

Well, I think you have nothing to worry about. I would just wait out the discharge and fax or mail them a copy of it and also the schedules, if they don't stop attempting to collect debt, they are violating the automatic stay that you are entitled to and you should contact your attorney regarding that, they will what to do next.

[justjane]

Thanks, I appreciate all the comments.
I have never filed a BK before and I never plan to file again.
Talk about dragging yourself through the mud! I hope to have all that mud washed off soon. I can say that I have learned so much about how to handle my finances better. I also learned that a budget won't kill you and that just because everyone else has it does not mean that I need it too!

[RBisDebtFree]

Well, you are passed your day 60 (assuming that there are no other problems with the case) so you are in the clear and should getting your discharge soon. That will give you the free financial start but I am sure it will give you more than that experience and wisdom-wise