Since I've been asked by several people what's been happening since the bankruptcy I thought I would do a partial update. Theres much more..such as Wells Fargo/Wachovia who turned out to be on the left side of Hades along with Bank of Hell. That's another thread. To much to take in.
For those that remember we filed April 27th 2010. Chapter 13 and the only thing we kept was the business property which was financed thru Bank of Hell ( Bank of America for newer people ). Since then with just them....
The first thing they did...
They violated the Stay of the bankruptcy by sending a collector after us. Little less than $10,000 on a credit card that was filed...and they settled for $4,000...sent us 1099c and we paid the income tax on the $6,000. But they violated the Stay and we didn't do anything cause we were scared. Stupid on our part.
They were busted once a few months ago telling the bankruptcy Trustee we hadn't made payments on the business property for 3 months...our attorney called us and we provided proof we had. Trustee wasn't happy. At all. They said Well, we put that into a different account to hold it..Trustee said but the payment WAS made and you chose NOT to apply it. That ended that....our attorney then decided it would be better to roll that payment into the payback for the remainer of the time of 4 years. Trustee accepted it. After that we go back to paying the payment to Bank of Hell. I dread that with a passion. I've figured up how much about will be owed at that time and I'm saving to pay it off the month the bankruptcy is dismissed. Or very very close. Otherwise I know they're going to pull crap. No doubt in my mind.
Now they're at it again...we've been making the payment since that happened thru the trustee BUT Bank of Hell raised the payment about $150 more dollars ( which they are allowed to do but have to take it thru the Trustee so the repayment can be raised accordingly ) and didn't take it thru the Trustee...so according to them we're behind.
The orginal contract had a thing in it that they could raise the interest rate and they did...And will be behind for 4 more years...( and they could possibly raise it again in that length of time ) so at the end of the payback 5 years it will be $150 x 48 ( give or take ) months. Plus interest and late fees.
BUT what Bank of Hell dosen't know is that at the end of the 5 years they have to sign a legal document stating that the payment is current and when they say it isn't ..that it's so much behind...our attorney will show the Trustee the orginal at the time payment required and since Bank of Hell didn't notify the Trustee of the raise in payment they're screwed, blued and tatooed.
So if they sign it they're saying we're current at such and such a balance and they'll have to go with it. Otherwise, they're in deep do do...that's federal.
At least thats what the attorney says and I believe him on this one. Hope I'm right ... and he's right. That's why I want to pay it off at that point. Clean break.
With Wachovia/Wells Fargo...that's another thread...They called for a Sheriffs Sale last November and that was put by the wayside and now we found that they've called for a deposition on July 21st and no one can get their crap together....that one later. Maybe tomorrow evening...this one scares me.
.
For those that remember we filed April 27th 2010. Chapter 13 and the only thing we kept was the business property which was financed thru Bank of Hell ( Bank of America for newer people ). Since then with just them....
The first thing they did...
They violated the Stay of the bankruptcy by sending a collector after us. Little less than $10,000 on a credit card that was filed...and they settled for $4,000...sent us 1099c and we paid the income tax on the $6,000. But they violated the Stay and we didn't do anything cause we were scared. Stupid on our part.
They were busted once a few months ago telling the bankruptcy Trustee we hadn't made payments on the business property for 3 months...our attorney called us and we provided proof we had. Trustee wasn't happy. At all. They said Well, we put that into a different account to hold it..Trustee said but the payment WAS made and you chose NOT to apply it. That ended that....our attorney then decided it would be better to roll that payment into the payback for the remainer of the time of 4 years. Trustee accepted it. After that we go back to paying the payment to Bank of Hell. I dread that with a passion. I've figured up how much about will be owed at that time and I'm saving to pay it off the month the bankruptcy is dismissed. Or very very close. Otherwise I know they're going to pull crap. No doubt in my mind.
Now they're at it again...we've been making the payment since that happened thru the trustee BUT Bank of Hell raised the payment about $150 more dollars ( which they are allowed to do but have to take it thru the Trustee so the repayment can be raised accordingly ) and didn't take it thru the Trustee...so according to them we're behind.
The orginal contract had a thing in it that they could raise the interest rate and they did...And will be behind for 4 more years...( and they could possibly raise it again in that length of time ) so at the end of the payback 5 years it will be $150 x 48 ( give or take ) months. Plus interest and late fees.
BUT what Bank of Hell dosen't know is that at the end of the 5 years they have to sign a legal document stating that the payment is current and when they say it isn't ..that it's so much behind...our attorney will show the Trustee the orginal at the time payment required and since Bank of Hell didn't notify the Trustee of the raise in payment they're screwed, blued and tatooed.
So if they sign it they're saying we're current at such and such a balance and they'll have to go with it. Otherwise, they're in deep do do...that's federal.
At least thats what the attorney says and I believe him on this one. Hope I'm right ... and he's right. That's why I want to pay it off at that point. Clean break.
With Wachovia/Wells Fargo...that's another thread...They called for a Sheriffs Sale last November and that was put by the wayside and now we found that they've called for a deposition on July 21st and no one can get their crap together....that one later. Maybe tomorrow evening...this one scares me.
.