Enduring harassment at home and at work by overzealous creditors can exacerbate the stress and pressure you're already feeling because of your debt. One of the many reasons people file for bankruptcy is to stop harassment from creditors.
Debt collectors have been known to make use of underhanded tactics if they believe they can get away with them. This is why it's important to know your rights when you have filed for bankruptcy.
Once you file for bankruptcy, the automatic stay goes into effect and all harassment from creditors must stop immediately. Any debts you have obtained a discharge on are not able to be collected on, ever. A discharge is a court order that says creditors cannot do any act to recover a debt that was discharged. If a debt collector contacts you by phone or mail, they are violating federal bankruptcy law as well as the Fair Debt Collection Practices Act (FDCPA).
If you are tired of creditor harassment, or if you have filed for bankruptcy and are continuing to be harassed, contact Minnesota Bankruptcy Attorney Gregory J. Wald for more information pertaining to your specific situation.
Gregory J. Wald, Attorney at Law
1500 Northland Plaza
3800 American Boulevard West
Bloomington, MN 55431
Telephone: 952-921-5802
Toll Free: 1-866-747-1130
Fax: 952-831-1346
BankruptcyMinn.com
Gwald314@msn.com
Wednesday, July 24, 2013
Wednesday, July 10, 2013
Do I Need To Disclose The Auto Loan That I Cosigned For In My Bankruptcy?
When filing for bankruptcy, you are required to report all of your liabilities and assets. An auto loan in which you cosigned for is considered a liability. Even if you do not possess the vehicle and the primary borrower makes all of the necessary payments, you are still liable for the loan.
During your bankruptcy, you are required to report the co-debtors on any of the debt you have. In this situation, even if the you are discharged of your obligation to repay the loan, your co-borrower will still be responsible for the debt.
It's important to know that one borrower filing for bankruptcy could constitute a default on the loan. This could result in the creditor accelerating the loan and requesting full payment against the co-borrower or repossession. However, it's more likely that the lender will allow the co-borrower to remain in possession of the vehicle if timely payments are continued to be made under the current terms.
How is the primary borrower on an auto loan affected if the cosigner files for bankruptcy?
In this situation, the primary borrower is still legally obligated to pay the balance of the loan. The bankruptcy and discharge of the consignee's obligation of the loan results in the lender being able to only pursue the primary borrower if the loan goes unpaid.
Depending on your auto loan contract, you could be considered in default once the consignee's obligations are discharged. However, it's likely that the primary borrower will keep the vehicle if timely payments are continued to be made. Most lenders do not want to repossess a vehicle if the payments are kept current.
It's important to keep an eye on one's credit report if the cosigner files for bankruptcy. If the bankruptcy is listed on the primary borrower's credit report, it is considered incorrect. This can happen and it's imperative that all three credit reporting agencies are contacted to correct this issue.
Gregory J. Wald, Attorney at Law
1500 Northland Plaza
3800 American Boulevard West
Bloomington, MN 55431
Telephone: 952-921-5802
Toll Free: 1-866-747-1130
Fax: 952-831-1346
BankruptcyMinn.com
Gwald314@msn.com
It's important to know that one borrower filing for bankruptcy could constitute a default on the loan. This could result in the creditor accelerating the loan and requesting full payment against the co-borrower or repossession. However, it's more likely that the lender will allow the co-borrower to remain in possession of the vehicle if timely payments are continued to be made under the current terms.
How is the primary borrower on an auto loan affected if the cosigner files for bankruptcy?
In this situation, the primary borrower is still legally obligated to pay the balance of the loan. The bankruptcy and discharge of the consignee's obligation of the loan results in the lender being able to only pursue the primary borrower if the loan goes unpaid.
Depending on your auto loan contract, you could be considered in default once the consignee's obligations are discharged. However, it's likely that the primary borrower will keep the vehicle if timely payments are continued to be made. Most lenders do not want to repossess a vehicle if the payments are kept current.
It's important to keep an eye on one's credit report if the cosigner files for bankruptcy. If the bankruptcy is listed on the primary borrower's credit report, it is considered incorrect. This can happen and it's imperative that all three credit reporting agencies are contacted to correct this issue.
Gregory J. Wald, Attorney at Law
1500 Northland Plaza
3800 American Boulevard West
Bloomington, MN 55431
Telephone: 952-921-5802
Toll Free: 1-866-747-1130
Fax: 952-831-1346
BankruptcyMinn.com
Gwald314@msn.com
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