Can Bank Contact Me about 2nd?

[CCCrazy]

Hi, it's day 62 for me and I should be discharged shortly - but the automatic stay is over, correct? Anyway, I stopped paying my second mortgage since with just my first I am 18K upside down - maybe more now. I am currently 2 payments behind with my 2nd and current on my first. Oh, and I reaffirmed nothing. Can WF contact me about the second or is it up to me to contact them about a modification or a settlement? Any advice is greatly appreciated?

[AngelinaCatHub]

I don't think the automatic stay is done until discharge or dismissal. Our wait was 90+ days due to being an asset case. Same with 13, until the "plan" is in place, the stay is on. 'Hub

P.S. we are now being dunned by a firm that we had a discharge on. I simply sent them a copy of my discharge with the law section on it.

11 USC $ 524(a)(2)

[AngelinaCatHub]

What can the debtor do if a creditor attempts to collect a discharged debt after the case is concluded?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine.

[CCCrazy]

Thank you for the info Cat, I did not realize that the stay is in place until the actual discharge. So it sounds like that it's up to me to contact WF about a mod or settlement once the stay is lifted?

[CCCrazy]

Oh, and since you mentioned being an asset case. My trustee has still not listed me as a no asset. She thought at the 341 that she might want to try to sell some of my stuff so she sent out her auctioneer to take a look at it and he turns to me and said, "she sent me out here for THIS?!?!? I'm going to tell her to abandon it." So hopefully she will eventually list me as no asset, and i checked her website and she still has 27 people from my 341 group to list as asset or no asset so it's not like it's just me. I hope I don't have to wait TOO long for my discharge.