Can Sallie Mae still call me after 341 and motion to modify stay.....HELP!

[allincorp]

I filed bankruptcy in December and I attended the 341 hearing on 1/26. I am wondering about a couple of things....

1. I have not receive any calls from creditors accept Sallie Mae. I have some private and federal loans with them and I can not afford to pay the amount that they want. My mom cosign on two of the loans and she is currently paying for those. What do I tell Sallie Mae when they call me, I am assuming that they know I filed BK but I can not afford the amount. Is it ok to negotiate with them even though my BK is open.

2. I co-sign on a car with a friend who has not made payments on the car. I surrender the car because, I was told that my name would be removed from the car, however now I received a motion to modify stay from Wells Fargo and I am assuming that they want to REPO the car since the co-signer is not making payments. I don't have a lawyer since I could not afford one, so is it best to file an appeal or just let the car go?

Thanks for your help.

[JRScott]

1. Even though Sallie Mae debt is not dischargeable if it is student loans they should not be calling you during the bankruptcy period as that is a violation of the stay by the court. Unfortunately you'll probably be stuck with this debt after bankruptcy, you might ask if they can move a payment or payments to the back of the plan and put the loans into deferment in hopes of being able to pay them once the economy improves. Most loans have a certain amount of time you can defer it might help, should be in your paperwork, however most of them also require you to go into deferment prior to missing payments thus the need to move them to the back of the plan.

2. Let the car go. If your friend is not making the payments and obviously you can't afford to make them either I'd just surrender the car as part of the bankruptcy and absolve the debt. However your friend will still be liable for the debt that the company fails to recover through selling the car after repossessing it.

[Dst1]

I filed bankruptcy in December and I attended the 341 hearing on 1/26. I am wondering about a couple of things....

1. I have not receive any calls from creditors accept Sallie Mae. I have some private and federal loans with them and I can not afford to pay the amount that they want. My mom cosign on two of the loans and she is currently paying for those. What do I tell Sallie Mae when they call me, I am assuming that they know I filed BK but I can not afford the amount. Is it ok to negotiate with them even though my BK is open.

Thanks for your help.

Yes. These loans will not be discharged in any event. So the sooner you get this straightened out the sooner you can move on.