Signed papers today - file Wed morning. Need to get Ally notified ASAP - suggestions?

[sh9730]

SO,

Just left my attorneys office and signed all the paperwork for a filing on Wed (my atty's office only files on Wednesdays to keep the attorney schedules together). So, we ll see what happens now.

I have one thing to ask about at this point - I understand they file electronically, but I THOUGHT they also notified creditors of the stay electronically also - but guess not huh?

I ask because I have a car lease that is coming up on 3 months behind as of the 28th. I am still getting calls from Ally (GMAC) on this every day, and havent rec'd anything in the mail that they plan on repo'ing, although I totally understand they are under no requirement to do so and I could be repo'd at any time.

In the long run I probably am NOT going to assume the lease even if I was able to get them to work out something with me, although right now Im not 100% sure so I signed the paperwork saying I would assume (same as reaffirming). But, even if I end up not keeping it, I would like the stay to allow me to keep the vehicle awhile longer so I can get something else.

My atty's office says the best they can do is send Ally a FAX on Wednesday morning telling them about the BK filing, and that is IF I provide them with a FAX number.

My questions here are:

Will this FAX from my atty's office suffice to keep them at bay, or is ONLY the official notification from the BK court (which I guess is via US mail?) good enough to stop collection activities? I ask, because MAYBE I would be better off NOT having my atty's office send the FAX because what if they hadnt started repo proceedings and then try to do it really quickly before the official notification of the stay gets to them?

If I SHOULD send them the FAX, anyone have suggestions on which FAX number I should use for ALLY BANK?

Thanks for everything here so far...

[Ihatebk]

They will mail your creditors....

They will mail your creditors notice you are going chapter 7, but I called all of my creditors on my list and told them I was going chapter 7 and the need to discuss any debt I owe them with my attorney, then I gave them his name and phone number...

[sh9730]

Thanks..I have no problem with that at all with any of my other creditors - Im just worried that if they havent rec'd "official" notice from the courts - that ALLY could try and get in quickly and repo and then try and claim they were unaware or not officially notified? Im taking precautions, but since its a GM car and they have control over the on-star system...they could even make the vehicle unable to start or something.....

So Im just trying to decide if MAYBE I should just keep quiet and take precautions for a couple extra days until they get the official letter in the mail? But the other side of me says, if they were going to try and get it anyway (before they knew of my filing), maybe by having my atty FAX them notification that might STOP them from taking any planned actions?

Its a quandry!

[disconapper]

Oh sh9730, I have a feeling I'm going to be in the same situation as you, a race against the clock. My car loan is currently 45 days behind, I will be signing my bankruptcy papers this Thursday and I've been told my case will be filed almost immediately. My attorney told me to go ahead and inform my auto finance company that I had a bankruptcy attorney on retainer. I did not do that for fear that they would come and reposes the car prior to me being officially filed. (I know they have absolutely every right to do so, right now I'm taking extra special precautions with the vehicle.) I know that creditors are not immediately informed of the bankruptcy filing but the stay is in fact automatic or instant. If they reposes the car, they have to give it back and let the bankruptcy proceedings take place. I want to avoid this enormous headache as well. I intend on calling the finance company as soon as I am filed and giving them my case number and attorney's information. I've even thought of putting a copy of the filing document (or whatever it is called) right over the VIN number on the vehicle. Course, that let's everybody on the planet know my personal business.....ugh...I will be following this thread to see if I can get some advice as well.