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BoA hassles debtor to act postpetition
Hank:
Would you like to dissuade BoA from giving debtors advice on workouts?
I wouldn't.
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, May 1, 2012 5:25 PM
Subject: [cdcbaa] BoA hassles debtor to act postpetition
Debtor filed a Ch13 petition in which he intended to keep a property, strip a junior lien, and surrender another property.
BoA, who held the DOT on the property to be surrendered, sent debtor letter after letter postpetition advising debtor as to his workout options, akin to what debtors receive out of bankruptcy.
Debtor called BoA and told them that he wasn't interested, but letters kept coming. There are approximately nine letters from BoA to debtor.
BoA also called debtor. Debtor kept a log of the calls, of which there were a couple of dozen.
Has anyone tried to allege that this activity violates the stay? I'm willing to try but I feel like BoA can argue it has safe harbor because it isn't actually trying to collect a debt.
The post was migrated from Yahoo.
Debtor filed a Ch13 petition in which he intended to keep a property, strip a junior lien, and surrender another property.
BoA, who held the DOT on the property to be surrendered, sent debtor letter after letter postpetition advising debtor as to his workout options, akin to what debtors receive out of bankruptcy.
Debtor called BoA and told them that he wasn't interested, but letters kept coming. There are approximately nine letters from BoA to debtor.
BoA also called debtor. Debtor kept a log of the calls, of which there were a couple of dozen.
Has anyone tried to allege that this activity violates the stay? I'm willing to try but I feel like BoA can argue it has safe harbor because it isn't actually trying to collect a debt.
The post was migrated from Yahoo.