After bankruptcy, my auto loan company hasn't been sending me monthly bills, is this part of the process?How long will they wait til they send a bill?

If you did not reaffirm the debt to your vehicle lender, then sending you a billing statement is the equivalent of trying to collect on a debt that was discharged in your bankruptcy case.   Hopefully, you are continuing to send the payments in each month in any event.   You can always request in writing that they start re-sending you billing statements, and that is usually sufficient, but some lenders simply may not want to be hassled with it. Technically, if you did not reaffirm the debt, they have the right to repossess your vehicle even if you are current with the payments.  That doesn't mean that they will, but they could.  Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr

I agree with the previous attorneys responses, but wanted to go a little further with my answer. Upon the filing of your bankruptcy, the Court issues an "Automatic Stay" which is an order to all creditors not to make any effort to collect the debts you owe. This is actually part of the reason many people file bankruptcy - to stop the collection calls. Obviously, with your credit cards and other unsecured, discharged debts, you will likely never hear from them again because the Discharge you received at the end of your case permanently enjoins them from ever attempting to collect a discharged debt. Technically, if you did not reaffirm your car loan, then they are prohibited from contacting you to collect the debt (even a monthly statement) and actually have the right to repossess the car. Sometimes they won't repossess the car as long as you keep making payments, but if you intended to keep the car, the safest route would have been to reaffirm the debt. The repossession can technically come at any time after your bankruptcy case is closed even if you are current. If, on the other hand, you are not making current payments and they have not repossessed the car, they may have elected to abandon the asset (the car) as collateral for the loan and write it off. The problem with that is obvious - their lien is still active against the car, so there is really no way for you to clear title to the car. I agree with Attorney Botelho - call them and find out why they aren't sending statements. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."