Banking and automatic stay

[cantbreathe]

We filed in August. Some of our creditors just don't get it or just don't care. Some have continued to send bills and one has even called several times trying to collect/repo secured property. I called our CU to find out why I hadn't received a statement (that I now need) and am informed that because the auto payment and visa information are printed on the same statement that they can't send it as that would be considered a stay violation. (They would not allow me close these accts due to the cross collateral) so I had taken them down to basically nothing but have to show these acct records at our 341. Closing bank accts, opening new accts, gathering statements, keeping all cash receipts , worrying about every dime spent and how much or how little cash is in hand or what it might look like to the trustee...worrying about having everything right that's requested..Does anyone else feel this way? Is this normal?
My CU has been good to me. I feel terrible about them being involved in our bk. What's going to happen to the payments I have made to them in the last 3 months?
sorry this is so long....

[tcreegan]

Hello cantbreathe,

Hang in there, it may be a pain but you will get through it.....take a deep breath.....exhale....

Creditors who keep billing/calling after you file can be sued for violating the automatic stay. Generally people give them the BK case # and file date when they call, then document any further contact. Apparently judges have been quite generous to debtors; damages + legal fees

The CU suspending statements and online access is standard operating procedure. They are also good at the cross-collateral game. Trustees must have seen this dozens of times.

Does anyone else feel this way? Is this normal? Yeah, most folks have some anxiety. One very good antidote it to find out where 341 meetings are held for your district and go watch a few. People are constantly surprised at how easy it goes, plus it takes the unknown out of the equation for you...always a good thing.

Plus you won't make my mistake and go to the wrong building, making you late for your 341.....highly NOT recommended!

Tom in Colo

[cantbreathe]

Thanks Tom.... Appreciate the encouragement.