Question about being contacted by mortgage company

[Ann]

All, I am currently awaiting my 341 meeting after filing a chapter 7 last month. I have kept up on my payments to my secured creditors (first mortgage, second mortgage and 2 car payments) but was just one day late making my second mortgage payment when they (the mortgage company) phoned me to ask when were they going to get their payment. Yes, I know you have to make timely payments but they still allow me access to their website to make online payments and really I had until 8th before a late fee would be charged. Here's my question... I thought your creditors were not suppose to contact you while you are in bankruptcy... true? Are they in violation of any law here by contacting me about a payment? Please advise. Thanks!

[SMinGA]

Correct - courtesy of the automatic stay. What time frame was involved? If this was very soon after filing, they may not have received the notice yet. Otherwise, have you doublechecked to make sure they were listed on your matrix of creditors?

[Ann]

Correct - courtesy of the automatic stay. What time frame was involved? If this was very soon after filing, they may not have received the notice yet. Otherwise, have you doublechecked to make sure they were listed on your matrix of creditors?

Filed on May 18... payment due on May 23... contacted May 24...payment made May 28...absolutely they were included on the creditors matrix!

[newbie2]

Filed on May 18... payment due on May 23... contacted May 24...payment made May 28...absolutely they were included on the creditors matrix!

Since it was only 4 business days from your date of filing to their phone call I would just chalk it up to them not having it in their system yet. Of course if it happens again then you'll want to bring it up to your attorney.

[SMinGA]

I agree with Newbie2. I hear some creditors get electronic notifications, but not all. If you filed on the 18th, notices from the court clerk probably went out in the mail on the 19th or 20th, so very little time for that to be received & have your account noted as of the 24th.

[newbie2]

After reading your last post it becomes more clear. Your attorney seemed to file a bare bones petition, so I would imagine your mortgage company didn't receive notice yet. (You said the rest of the documents were filed yesterday..)