Central District Consumer Bankruptcy Attorney's Association

Dennis:
First Entertainment Credit Union
Dennis:
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Grace:
Can you please let us know which credit union?
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jan 6, 2014, at 12:02 PM, R Grace Rodriguez wrote:
>
> UPDATE: Spoke with AMY in the collection department - she says that debtors who have not signed a reaffirmation agreement can still make payments but they have to do it over the phone. They do not have a policy at this time of refusing payments and taking cars if a reaffirmation agreement was not entered into.
>
> I will also look at redemption. Thanks Desiree! And thank you GIO.... reminded me that we must send personal property secured lenders something.
>
>
>
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
>

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UPDATE: Spoke with AMY in the collection department - she says that
debtors who have not signed a reaffirmation agreement can still make
payments but they have to do it over the phone. They do not have a policy
at this time of refusing payments and taking cars if a reaffirmation
agreement was not entered into.
I will also look at redemption. Thanks Desiree! And thank you GIO....
reminded me that we must send personal property secured lenders something.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
UPDATE: Spoke with AMY in the collection department - she says that debtors who have not signed a reaffirmation agreement can still make payments but they have to do it over the phone. They do not have a policy at this time of refusing payments and taking cars if a reaffirmation agreement was not entered into.
I will also look at redemption. Thanks Desiree! And thank you GIO.... reminded me that we must send personal property secured lenders something.

The post was migrated from Yahoo.

Well, the credit union would be right under Section 521, Subsections (a)(6)
& (7) and (d), unless the contract with the credit union does not specify
bankruptcy as an event of default.
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Commercial Litigation
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Estate Planning
Well, the credit union would be right under Section 521, Subsections (a)(6) & (7) and (d), unless the contract with the credit union does not specify bankruptcy as an event of default.
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362
Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.comCommercial Litigation*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationEstate Planning

The post was migrated from Yahoo.

First let me say HAPPY NEW YEAR to everyone!
Next if you will allow me to ask... I have client who filed a chapter 7.
Indicated on Statement of intention that they wanted to retain their
vehicle. Attended 341a hearing, case discharged and closed.
Now 1 month later, Credit Union is refusing to accept Debtor's payment on
the vehicle. He had been paying throughout the bankruptcy and had been
current when he filed.
The reason given for refusing his payment is that he had not signed a
reaffirmation agreement. That purportedly one was sent to his attorney and
never returned. So they are telling my client that its their attorneys
fault that they are going to come pick up the car and refusing payment.
Clients are angry that I caused them this problem and that I have to fix
it. I would value your input here from the members. I don't think they
can refuse payment first of all and I don't think they have a right to say
that to my client without disparaging me. Have any of you dealt with this
before?
Thanks in advance for your response.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
First let me say HAPPY NEW YEAR to everyone!
Next if you will allow me to ask... I have client who filed a chapter 7. Indicated on Statement of intention that they wanted to retain their vehicle. Attended 341a hearing, case discharged and closed.
Now 1 month later, Credit Union is refusing to accept Debtor's payment on the vehicle. He had been paying throughout the bankruptcy and had been current when he filed.
The reason given for refusing his payment is that he had not signed a reaffirmation agreement. That purportedly one was sent to his attorney and never returned. So they are telling my client that its their attorneys fault that they are going to come pick up the car and refusing payment.
Clients are angry that I caused them this problem and that I have to fix it. I would value your input here from the members. I don't think they can refuse payment first of all and I don't think they have a right to say that to my client without disparaging me. Have any of you dealt with this before?
Thanks in advance for your response.
R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922

The post was migrated from Yahoo.