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CML Bankruptcy
CML Bankruptcy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 24
Experience:  Highly experienced in Chapter 7 & 13 bankruptcy.
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A JDB Lawfirm "Weltman, Weinberg & Reis" has been contacting

Resolved Question:

A JDB Lawfirm "Weltman, Weinberg & Reis" has been contacting me regarding a student loan my father took out in my name. He has declared Chapter 13 Bankruptcy so they are now going after me. I am 25 years old and have basically no money to my name to pay the 20% lump sum they are requesting on top of the payment plan. I offered to set up some type of payment plan, but they basically keep telling me I have to pay a percentage upfront and then set up payments. I literally don't have the funds to do that and they don't seem to be too willing to negotiate. This (Private) Student Loan was opened in 2007 and this is the first I am hearing of it. We have paid no payments and I have received nothing regarding the loan until these calls. I have also received nothing via mail regarding the Loan. The only thing I have heard from them is a couple phone calls. I am in the process of seeking out a Student Loan Attorney. How else should I proceed at this point?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  CML Bankruptcy replied 2 years ago.

CML Bankruptcy :

Good afternoon.


 

CML Bankruptcy :

Let's see if I can assist you.


 

CML Bankruptcy :

You indicate that this is a loan your father took out in your name, is that right?

CML Bankruptcy :
Customer:

Yes

Customer:

My father took it out in my name so I was on the loan as well

CML Bankruptcy :

Did you sign the loan documents?


 

Customer:

I believe so it was when I was 19, I did speak to my father about it at the time and agree to it

Customer:

Either way I am taking responsibility as I signed it and am trying to figure out a payment plan to pay them back


 

CML Bankruptcy :

OK. So the next question is: Did Weltman obtain "lift of stay" in your father's Chapter 13 case? And is this case still pending?


 

Customer:

To my understanding they can't contact my father

Customer:

I believe he called in a few times and they told him it would be fine and they would come to an agreement


 

CML Bankruptcy :

Is he still in his bankruptcy case?


 

Customer:

then within a day they changed that and started contacting me


a

Customer:

he has 4 years left on it

Customer:

I believe this loan is not attached to his BK13


 

Customer:

and they can't go after him for another 4 years


 

CML Bankruptcy :

So, he is currently in his Chapter 13 bankruptcy?


 

Customer:

yes

Customer:

Since this is a Student Loan it can't be consolidated into it

Customer:

is what my understadning is


 

Customer:

but it is a Private student loan through GMAC


 

CML Bankruptcy :

OK - but I am trying to answer your question. So - yes, he IS in his bankruptcy, correct?

Customer:

yes

CML Bankruptcy :

OK. And as you co-signed the loan (or he co-signed for you....), you are a co-debtor for purposes of the bankruptcy code.


 

Customer:

yes


 

CML Bankruptcy :

And because he is in a Chapter 13 bankruptcy, you receive the protection of the Automatic Stay (11 USC 1301) too.


 

Customer:

So for the next 4 years I should be covered as well?

CML Bankruptcy :

So, unless Weltman filed a motion for relief from the automatic stay, they cannot collect from you so long as your father is in his Chapter 13 bankruptcy. That means: They can ask the court (file a motion) to "lift the stay" (i.e. let them collect from you), but can't collect from you until the court says they can (enters an order).


 

Customer:

So what types of conversations should I have with Weltman

Customer:

as I am sure you can undrestand they can be difficult to deal with


 

Customer:

and aren't the nicest bunch


 

Customer:

I have stayed pretty calm and tried to work with them on something but of course they are difficult


 

Customer:

I guess my question is what do I need to do to find out if I am covered under my fathers chapter 13?

Customer:

or if I have to act on this? and if so what should my actions be?


 

CML Bankruptcy :

I would ask them to send you a copy of the Order Lifting the Automatic Stay as to you. And to stop calling you until they do.


 

Customer:

If I happen to be the primary am I in the same boat or not covered on the chapter 13?


 

CML Bankruptcy :

It doesn't matter if you are "primary" or "secondary" you are still a co-debtor.


 

Customer:

Ok is there anything else I should request from them?

Customer:

I few things I have heard from looking around and speaking with people is to request proof they even own the debt?


 

Customer:

and that they need to give me written notice

Customer:

that I have not received


 

CML Bankruptcy :

That's all I would I ask for....the order lifting stay.


 

Customer:

So if they do happen to have that what should I do?


 

Customer:

would this end up going to court?


 

CML Bankruptcy :

I can't advise you about that as I am an expert in bankruptcy law only.


 

CML Bankruptcy :

Sorry.


 

Customer:

Ok, so should I give them an address to send the information to? or have them fax it somewhere?

Customer:

I was just a bit weary at first about giving them too much information


 

CML Bankruptcy :

Either. I wouldn't, however, give them any financial information at this point.


 

Customer:

So after the chapter 13 is lifted off of my father is when we should begin negotiating a payment plan?

Customer:

So basically at this time they can't collect unless the court has ordered that they can?

CML Bankruptcy :

That is right - they cannot collect unless the court lift's the automatic stay as to you.

Customer:

So I just wanted to clear up as well that the Student Loan is not linked to his chapter 13


 

Customer:

its not in the Bankruptcy paperwork through his attorney


 

Customer:

does that make a difference?


 

CML Bankruptcy :

Based on the information you provided in your initial question, you indicate that your father took out a student loan for you. If he is on the loan, it should be listed on his schedules.

Customer:

But we are both definitely on the loan

Customer:

So regardless if they specifically listed it or not it would automatically be incorporated into that? or would they have to specifically list that debt?

CML Bankruptcy :

The Schedules must list every single thing you own and everyone you owe money to.


 

Customer:

Ok thank you


 

Customer:

So last question regarding to this program


 

Customer:

I am not automatically enrolled into a membership am I?

Customer:

I just needed advice on this one topic


 

CML Bankruptcy :

I'm sorry, I do not know. I just serve as an expert. :)


 

Customer:

ok thank you I appreciate it


 

Customer:
CML Bankruptcy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 24
Experience: Highly experienced in Chapter 7 & 13 bankruptcy.
CML Bankruptcy and 2 other Bankruptcy Law Specialists are ready to help you

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