Author Topic: Automatic Stay Violation?  (Read 920 times)

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Automatic Stay Violation?
« on: January 20, 2016 01:46:23 AM »
I've already contacted my attorney, but looking for your thoughts.

 I new I was going to have to file BK, and I contacted my first mortgage and HELOC about loan modifications, to terms where I can afford. First mortgage went off without a hitch. Once I filed, I had to have my attorney send them a letter saying they could talk to me about the modification and only the modification. Everythings been fine. On the HELOC, they told me in the beginning of Nov. I was approved for a modification, but it would be a while before they got the paperwork ready. I told them that I would be filing BK in the near future. Three weeks later I called and said my lawyer was going to file next week and I needed to know. They said they would send me paperwork and apologized that they were so busy. I agreed to pay the modified amount and have been. I called again a week later and they told me they couldn't send me any paperwork because of the BK that was filed earlier during the week. My 341 hearing was last week and everything went fine. Today, I received a letter from the HELOC bank (well known bank) and said the letter was intent to collect a debt due on the HELOC. They were pulling the modification because I didn't sign papers I never received and now they want all of their money, even though I had been paying the modified amount. I thought after you file and for the 60 days after the 341 hearing there was an automatic stay and they couldn't try to collect? What recourse would you do?


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Re: Automatic Stay Violation?
« Reply #1 on: January 20, 2016 01:59:54 PM »
This is a matter for your BK attorney to handle.  That's what you pay him to do.