Credit Card Statements

[nomoneyhoney]

Is there any law that credit card companies cannot issue statements after filing for bankruptcy?
My husband tried to get 3 months statements from GM flex since they blocked his online account and they said that he has to write the company formally requesting statements or his lawyer has to talk to them.

He told them we're filing pro se and why isn't he allowed to get his statements?

Anyway, he didn't have any problems requesting his statements from AMEX or CHASE just GM Flex.

[frogger]

They can not issue statements because doing so would violate the automatic stay. If you are going to reaffirm the debt, then you should be able to get statements started again after your discharge.

[doudis2]

They can not issue statements because doing so would violate the automatic stay. If you are going to reaffirm the debt, then you should be able to get statements started again after your discharge.

Really? I don't get CC statements anymore but I do get them now an then from the mortgage company. They are very clear though that they are not an attempt to collect the debt, but rather for informational purposes only so as to not violate the stay. So I maybe those are the only type of statements you can get???

[nceguyfromne]

This is common. They are doing it to ensure there is no possibility of them being accused of violating the automatic stay. It doesn't matter if you are offering to continue paying, planning to reaffirm or even if the debt is non-dischargeable. Creditors are still subject to the rules of the automatic stay during bankruptcy. This often includes suspending online and automated phone access to your account(s) as well.

While it is not illegal, as such, for them to issue a statement for "informational purposes" during the bankruptcy, it sounds like that is their corporate policy not to. Once the discharge is final and the stay is lifted, you should not have any problems getting the information you need and resuming your payment schedule if that's what you're choosing to do. They will not place you in delinquency for having not paid during the bankruptcy since the account was in the discharge process.

[frogger]

I just went thru this with US Bank on a vehicle that was re-affirmed with them. They did not want to start sending statements again period, even though the debt was re-affirmed.

It took sending them a copy of my discharge, along with a written and signed request for statements to be issued and internet access allowed again.