Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Let's see if I can assist you.
You indicate that this is a loan your father took out in your name, is that right?
My father took it out in my name so I was on the loan as well
Did you sign the loan documents?
I believe so it was when I was 19, I did speak to my father about it at the time and agree to it
Either way I am taking responsibility as I signed it and am trying to figure out a payment plan to pay them back
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?
To my understanding they can't contact my father
I believe he called in a few times and they told him it would be fine and they would come to an agreement
Is he still in his bankruptcy case?
then within a day they changed that and started contacting me
he has 4 years left on it
I believe this loan is not attached to his BK13
and they can't go after him for another 4 years
So, he is currently in his Chapter 13 bankruptcy?
Since this is a Student Loan it can't be consolidated into it
is what my understadning is
but it is a Private student loan through GMAC
OK - but I am trying to answer your question. So - yes, he IS in his bankruptcy, correct?
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.
And because he is in a Chapter 13 bankruptcy, you receive the protection of the Automatic Stay (11 USC 1301) too.
So for the next 4 years I should be covered as well?
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).
So what types of conversations should I have with Weltman
as I am sure you can undrestand they can be difficult to deal with
and aren't the nicest bunch
I have stayed pretty calm and tried to work with them on something but of course they are difficult
I guess my question is what do I need to do to find out if I am covered under my fathers chapter 13?
or if I have to act on this? and if so what should my actions be?
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.
If I happen to be the primary am I in the same boat or not covered on the chapter 13?
It doesn't matter if you are "primary" or "secondary" you are still a co-debtor.
Ok is there anything else I should request from them?
I few things I have heard from looking around and speaking with people is to request proof they even own the debt?
and that they need to give me written notice
that I have not received
That's all I would I ask for....the order lifting stay.
So if they do happen to have that what should I do?
would this end up going to court?
I can't advise you about that as I am an expert in bankruptcy law only.
Ok, so should I give them an address to send the information to? or have them fax it somewhere?
I was just a bit weary at first about giving them too much information
Either. I wouldn't, however, give them any financial information at this point.
So after the chapter 13 is lifted off of my father is when we should begin negotiating a payment plan?
So basically at this time they can't collect unless the court has ordered that they can?
That is right - they cannot collect unless the court lift's the automatic stay as to you.
So I just wanted to clear up as well that the Student Loan is not linked to his chapter 13
its not in the Bankruptcy paperwork through his attorney
does that make a difference?
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.
But we are both definitely on the loan
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?
The Schedules must list every single thing you own and everyone you owe money to.
Ok thank you
So last question regarding to this program
I am not automatically enrolled into a membership am I?
I just needed advice on this one topic
I'm sorry, I do not know. I just serve as an expert. :)
ok thank you I appreciate it