More details to this question:
Filed bankruptcy in 6/12 and discharged in 10/12. car was part of it , but kept it and made payemnts,never late. Requested monthly statement, told by Wells Fargo they can not give me one as it is considered a collections item? A statament is a receipt, payment history, why can I not get one , is this legal or some made up policy?
1 ANSWER
Personal Injury Attorney serving Fall River, MA
at
Botelho & Associates, LLC
Update Your Profile
Actually a monthly invoice on a car loan or a mortgage is an attempt to collect a debt. Usually once you file chapter 7 bankruptcy or chapter 13 bankruptcy during the time of the automatic stay you will not reap be receiving statements from your bank. After the bankruptcy is over you may sign a waiver which allows your bank to send you monthly invoices or is simply may be the policy of your bank to not send invoices to a person who's file bankruptcy and been discharged in bankruptcy. It is not simply a made up policy, it is actually part of the US bankruptcy code.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
#bankruptcy #lawyer #FallRiver #Chapter7 #chapter13 #debt #debtsettlement #foreclosure #attorney #cantpaybills #lawsuit #court #bankruptcycourt #eviction #lostmyjob
Answered on Apr 30th, 2014 at 2:46 PM