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Oct 2010

After bankruptcy: They won't send bill and won't talk to me

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Here are two forms that you might need after your bankruptcy.     One to ask your bank to keep billing you for your car loan and one for your mortgage company, to talk to you if you are applying for a loan mod.

Why do you need these forms?

After bankruptcy, the people you used to owe money to are not allowed to try to collect.  They can’t call, can’t sue or garnish, and they are not supposed to bill you, either.  That rule applies to all the debts (except for things like taxes or child support.)  That includes your car or your mortgage–people you might want keep paying (if you want to keep the house or car.)

Usually (not always) your bank will start billing again on the car loan if you send them my form letter.  And nearly always, the mortgage company will keep discussing a loan mod with you if you send them my form letter.

That’s what these two forms are for.  I’ve already signed them–just type in your information and print them out.  They should help.

PS  Sometimes when you talk to them after bankruptcy, the bank or mortgage company will ask if you want to “reaffirm” the debt.   Reaffirming means you can’t change your mind later and include the debt in the bankruptcy.  “No” is nearly always the right answer to that question.     (Unless you have your car with Ford Credit, Chrysler, or SunTrust.)

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Robert Weed has helped fifteen thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.

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