To Dorenephilpot or Anyone that can help

[robertrk]

What is the name of your state? Maryland

My 341 is on 12/27/02. I will be in a 5 year Chapter 13 plan. Is Pacer useful for us as it is for those who filed a Chapter 7? What info would PACER supply us if we are not going to get a discharge for 5 years?

Also, will Cingular (cell plan), First Colony Life Insurance, Nationwide Home and Auto policy, Verizon telephone service and electric company try to cancel accounts or discontinue service if they ever run a credit check and find we are in a 5 year Chapter 13? I have never been late with any of these things but yet someone said if they run a periodic credit check, they have the option to cancel me.

I also have an auto lease payment with Suntrust Bank that will expire in 2.5 years. We have the option on our contract to keep the car and continue to pay for it at the end of the lease. But now that we are in bankruptcy, even though we are reaffirming this lease, and have never had any late or missed payments with them either, will they not allow us to keep the vehicle and keep making payments at the end of the lease just because we are in bankruptcy? I read the back of the contract we have with SunTrust and it says that anyone who files or is in bankruptcy is in default. Will we still be considered in default with Suntrust even though we are reaffirming this lease? It also says at the end of the lease, they have the option of raising the interest rate for anyone in default and/or not permitting us to keep the car and continue making payments on the final balance at the end of the lease. I am very worried about this because we need to keep the car and that is why we are reaffirming. But in 2.5 years, and not being able to save money or obtain another car loan, I am afraid Suntrust will say no to allowing us to continue as the original contract stated, just because we are in a bankruptcy.

Any help would be greatly appreciated. My 341 hearing is on 12/27 in the 4th Circuit, Baltimore, Maryland. Has anyone had Joel Goldberger, the trustee from this bankruptcy court? He is our assigned Chapter 13 Trustee. If anyone has had him and can advise their thoughts about the way he handles his cases, would be really appreciated.

Thank you very much.

 

[xhardc0rex]

robert,

Good luck in the 341 meeting. I myself am filing 7 BK in a few weeks. Is there any certain reason you did not consider chp 7 vs chp 13?

Suntrust has a history of reneging on their promises so if you need assurance I would GET IT IN WRITING. Many banks will hold a BK against you, not all but be sure of what you are getting into. They will find out about the particulars ofyour case and don't think for a minute you can keep things from them. Maybe the way to go in this case is to call their 1-800# and ask for a supervisor in the auto loans division. Don't give your account # out, tell them your situation, that you are a customer and you need to know what action they might take. Believe it or not, if you get an honest supervisor they may give you the facts and you could be surprised at how valuable that information is.

Once you have the background on what they may do, go talk to your loan officer. Let them know you intend on maintaining your payments. Get something in writing though, don't go by word of mouth. If they try anything, you want to have proof of your contract with them.

Just remember that you need a backup plan to last you through the 5 years. If anything were to happen, try to plan for it so you can be ready. I hope my words have been of help.

another Robert