How are these lenders allowed to get away with this stuff? Never late
on mortgage until we filed BK 7 and were told to stop paying and
informed trustee house is being given up. One lender gets relief from
stay; another doesn't and keeps sending bills (with disclaimers re:
stay on the bottom. We're not violating it even though this looks
like a real bill with late charges and everything--and now we'll add
back taxes and insurance to what you owe us--but we're not violating
the stay); number three is silent throughout. As soon as the
discharge: lender #1 starts adding delinquencies to credit reports
every month, #2 claims we had a late payment (never!) and #3 joins the
ranks only after receiving an addendum to foreclosue papers from
lender #2. Bk lawyer says "sorry, after discharge I have nothing to
do with this". Neither, it appears, does anyone else.

Try to get a lawyer interested but guess there's not enough money
involved on their end. Doesn't matter we are ruined, our house is
lost and credit is trashed. There is NOBODY to protect the little guy
anymore. They count on this and feel free to do whatever they want.

Too bad we can't afford those millions in campaign contributions like
these lenders so they can continue their underhanded tactics unabated.
What a joke, but I ain't laughin'.

Sorry for the outburst but I've just about had it with this whole
farce.

What do you expect soon after BK? Of course, your house will be
forclosed and your credits will be ruined. They are the consequences
when you decided to file BK. How can you expect anything else? Do
you still expect a perfect credit rating after BK? No way!

The fact that you were never late before your BK is really irrelevant.
You have made the decision to file BK. Now it is the time for you to
learn to live with the consequences and move on.






torgo7@comcast.net (Sharon) wrote in message news:<632c3647.0310181751.267afe64@posting.google.com>... How are these lenders allowed to get away with this stuff? Never late on mortgage until we filed BK 7 and were told to stop paying and informed trustee house is being given up. One lender gets relief from stay; another doesn't and keeps sending bills (with disclaimers re: stay on the bottom. We're not violating it even though this looks like a real bill with late charges and everything--and now we'll add back taxes and insurance to what you owe us--but we're not violating the stay); number three is silent throughout. As soon as the discharge: lender #1 starts adding delinquencies to credit reports every month, #2 claims we had a late payment (never!) and #3 joins the ranks only after receiving an addendum to foreclosue papers from lender #2. Bk lawyer says "sorry, after discharge I have nothing to do with this". Neither, it appears, does anyone else. Try to get a lawyer interested but guess there's not enough money involved on their end. Doesn't matter we are ruined, our house is lost and credit is trashed. There is NOBODY to protect the little guy anymore. They count on this and feel free to do whatever they want. Too bad we can't afford those millions in campaign contributions like these lenders so they can continue their underhanded tactics unabated. What a joke, but I ain't laughin'. Sorry for the outburst but I've just about had it with this whole farce.

Sounds like they _are_ violating the automatic stay by doing what they
are doing and that you may have a lousy attorney. You might want to talk
to another BK lawyer for advice on this. If they violate the stay, you
do have the right to seek compensation from them.

J.

Sharon wrote: How are these lenders allowed to get away with this stuff? Never late on mortgage until we filed BK 7 and were told to stop paying and informed trustee house is being given up. One lender gets relief from stay; another doesn't and keeps sending bills (with disclaimers re: stay on the bottom. We're not violating it even though this looks like a real bill with late charges and everything--and now we'll add back taxes and insurance to what you owe us--but we're not violating the stay); number three is silent throughout. As soon as the discharge: lender #1 starts adding delinquencies to credit reports every month, #2 claims we had a late payment (never!) and #3 joins the ranks only after receiving an addendum to foreclosue papers from lender #2. Bk lawyer says "sorry, after discharge I have nothing to do with this". Neither, it appears, does anyone else. Try to get a lawyer interested but guess there's not enough money involved on their end. Doesn't matter we are ruined, our house is lost and credit is trashed. There is NOBODY to protect the little guy anymore. They count on this and feel free to do whatever they want. Too bad we can't afford those millions in campaign contributions like these lenders so they can continue their underhanded tactics unabated. What a joke, but I ain't laughin'. Sorry for the outburst but I've just about had it with this whole farce.

"John" <jmeola75@hotmail.com> wrote in message
news:fjpkb.2660$Uz6.2009@newsread1.news.atl.earthl ink.net... Sounds like they _are_ violating the automatic stay by doing what they are doing and that you may have a lousy attorney. You might want to talk to another BK lawyer for advice on this. If they violate the stay, you do have the right to seek compensation from them.


I don't know. If she has a discharge, the automatic stay is over. I am
not sure what she would expect an attorney to do, either. Our office does
handle cases like this where people are having problems with credit bureaus
post bankruptcy but a) it obviously requires a separate fee and b) has
nothing to do with the bankruptcy filing itself. So I understand why her
attorney is saying he or she can't do anything at this point...not all
attorneys want to get involved in credit reporting disputes.

I also don't understand what Sharon means when she says one mortgage lender
is adding back taxes and insurance (thus "violating" the stay)...I thnk a
lender has every right to do that, to add these charges to your balance,
especially if they have paid them for you are part of your escrow agreement.
Why shouldn't they list them if they paid them for you?

I feel bad that Sharon is upset, but her complaining about the little guy
and campaign contributions really doesn't get to the heart of the matter-
she made the conscious decision to file, and now her credit is messed up. A
not unforeseeable consequence.




*****

Rob Stumpf, Esq.

Stumpf and Ginter, Attorneys at Law
Practicing Bankruptcy in NY and NJ

visit us at www.online-law-firm.com
or email rob@online-law-firm.com


Disclaimer: No email or newsgroup communication is to be construed to
establish any sort of an attorney-client relationship, is not legal advice,
and is not a replacement for the advice of a competent attorney in your
jurisdiction.

So you think it's OK that a lender makes up a fake application,
refuses to supply documentation to state investigators, promised us a
bogus interest rate, actually insinuated that we lied to them about
our house, put down a car we never owned and an income we didn't have,
told us a monthly payment that ended up to be $200 more when the first
bill arrived etc. etc.? A payment they knew we wouldn't be able to
make. I can see them salivating over the house back at the home
office. So it's OK that we take the rap and they get off scott free?

And we are far from the only ones they have chewed up and spit out.
When someone is responsible for 40% of foreclosures in the Chicago
area, something is wrong, wouldn't you think? Would YOU take this
lying down? I don't think so!


klm_kim@yahoo.com (K Kim) wrote in message news:<f66f76cf.0310182105.55eb463c@posting.google.com>... What do you expect soon after BK? Of course, your house will be forclosed and your credits will be ruined. They are the consequences when you decided to file BK. How can you expect anything else? Do you still expect a perfect credit rating after BK? No way! The fact that you were never late before your BK is really irrelevant. You have made the decision to file BK. Now it is the time for you to learn to live with the consequences and move on.

"Sharon" <torgo7@comcast.net> wrote in message
news:632c3647.0310190813.288e58d4@posting.google.c om... So you think it's OK that a lender makes up a fake application, refuses to supply documentation to state investigators, promised us a bogus interest rate, actually insinuated that we lied to them about our house, put down a car we never owned and an income we didn't have, told us a monthly payment that ended up to be $200 more when the first bill arrived etc. etc.?

Well, I was responding to a post of yours that lacked all of this detail.

I have no way of knowing what happened between you and your lender...I am
sure they have an opposite story...but that's why we have courts.




A payment they knew we wouldn't be able to make. I can see them salivating over the house back at the home office. So it's OK that we take the rap and they get off scott free?

All I said was that they have the right to list the money you owed them.

And I might have also said that you should have known the bad-credit aspects
of bankruptcy before you filed.


And we are far from the only ones they have chewed up and spit out. When someone is responsible for 40% of foreclosures in the Chicago area, something is wrong, wouldn't you think? Would YOU take this lying down?

You can take it lying down, standing up, or diving into a swimming pool. At
this point, you are probably better off cutting your losses and moving on.



*****

Rob Stumpf, Esq.

Stumpf and Ginter, Attorneys at Law
Practicing Bankruptcy in NY and NJ

visit us at www.online-law-firm.com
or email rob@online-law-firm.com


Disclaimer: No email or newsgroup communication is to be construed to
establish any sort of an attorney-client relationship, is not legal advice,
and is not a replacement for the advice of a competent attorney in your
jurisdiction.

But the creditor is prohibited from filing negative credit
reports post-discharge. All they can do is to put "included in
bankruptcy". Anything else is, IMO, a discharge violation.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Robert Stumpf" <rob@online-law-firm.com> wrote in message
news:bmus15$retur$1@ID-200874.news.uni-berlin.de... "Sharon" <torgo7@comcast.net> wrote in message news:632c3647.0310190813.288e58d4@posting.google.c om... So you think it's OK that a lender makes up a fake
application, refuses to supply documentation to state investigators,
promised us a bogus interest rate, actually insinuated that we lied to them
about our house, put down a car we never owned and an income we
didn't have, told us a monthly payment that ended up to be $200 more when
the first bill arrived etc. etc.? Well, I was responding to a post of yours that lacked all of
this detail. I have no way of knowing what happened between you and your
lender...I am sure they have an opposite story...but that's why we have
courts. A payment they knew we wouldn't be able to make. I can see them salivating over the house back at the
home office. So it's OK that we take the rap and they get off
scott free? All I said was that they have the right to list the money you
owed them. And I might have also said that you should have known the
bad-credit aspects of bankruptcy before you filed. And we are far from the only ones they have chewed up and
spit out. When someone is responsible for 40% of foreclosures in the
Chicago area, something is wrong, wouldn't you think? Would YOU take
this lying down? You can take it lying down, standing up, or diving into a
swimming pool. At this point, you are probably better off cutting your losses and
moving on. ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be
construed to establish any sort of an attorney-client relationship, is not
legal advice, and is not a replacement for the advice of a competent attorney
in your jurisdiction.

The issue isn't that her credit is messed up, it is that it is
messed up in the wrong way.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Robert Stumpf" <rob@online-law-firm.com> wrote in message
news:bmuc5c$qogpk$1@ID-200874.news.uni-berlin.de... "John" <jmeola75@hotmail.com> wrote in message news:fjpkb.2660$Uz6.2009@newsread1.news.atl.earthl ink.net... Sounds like they _are_ violating the automatic stay by doing
what they are doing and that you may have a lousy attorney. You might
want to talk to another BK lawyer for advice on this. If they violate the
stay, you do have the right to seek compensation from them. I don't know. If she has a discharge, the automatic stay is
over. I am not sure what she would expect an attorney to do, either. Our
office does handle cases like this where people are having problems with
credit bureaus post bankruptcy but a) it obviously requires a separate fee and
b) has nothing to do with the bankruptcy filing itself. So I
understand why her attorney is saying he or she can't do anything at this
point...not all attorneys want to get involved in credit reporting disputes. I also don't understand what Sharon means when she says one
mortgage lender is adding back taxes and insurance (thus "violating" the
stay)...I thnk a lender has every right to do that, to add these charges to your
balance, especially if they have paid them for you are part of your
escrow agreement. Why shouldn't they list them if they paid them for you? I feel bad that Sharon is upset, but her complaining about the
little guy and campaign contributions really doesn't get to the heart of
the matter- she made the conscious decision to file, and now her credit is
messed up. A not unforeseeable consequence. ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be
construed to establish any sort of an attorney-client relationship, is not
legal advice, and is not a replacement for the advice of a competent attorney
in your jurisdiction.

"Brett Weiss" <lawyer@erols.com> wrote in message
news:28adneqhP749cA6iRVn-tQ@comcast.com...
The issue isn't that her credit is messed up, it is that it is messed up in the wrong way.

I don't disagree, but the issue becomes what she wants to do about it. I
think it's reasonable that if she wants an attorney to help her with this
problem, she needs to pay for that service. If she decides she doesn't
want to pay, she might be just as well living with the conseqences and
moving on. I don't see how her writing NG posts about the evils of campaign
contributions really helps much.


Rob Stumpf, Esq.

Stumpf and Ginter, Attorneys at Law
Practicing Bankruptcy in NY and NJ

visit us at www.online-law-firm.com
or email rob@online-law-firm.com


Disclaimer: No email or newsgroup communication is to be construed to
establish any sort of an attorney-client relationship, is not legal advice,
and is not a replacement for the advice of a competent attorney in your
jurisdiction. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** ***************

I have a friend who got hauled into small claims court for oweing a nsf
check so she claims. The court referee said she had to pay the claim.
However she read in a publication somewhere that while the small claim
courts can order her to make payment, it is still up to the person who
got the nsf check to collect and she does not have any money to pay;
thus she is not going to pay the amount due. Can she actually do this
and nothing will happen to her. She can pay $100 per month but the NSF
person wants $500 per month payment. Thus the squable.

To Mr. Stumpf: I am amazed at how my references to the real reason why
consumers will never be afforded justice or protection from these
predators--the huge money poured into Congressional coffers--seems to
bother you so. Hmmm.....
***********************************

Loan Shark Attack
Rep. Bob Ney Battles to Protect Banks From You, the Pesky Consumer.
The Cleveland Scene

"The Predator Protection Act of 2003." That's the name Charles
Bromley, director of the Housing Research and Advocacy Center, has
given Ney's bill. "It'll let these guys continue to do what they do."

And in Cleveland, what they do is becoming a huge problem.

The scam works like this: Predatory lenders use pressure tactics,
confusing paperwork, and outright lies to make loans to people with
low incomes or tarnished credit. But the terms are often so egregious
that borrowers can't repay. Thus, their homes fall into foreclosure --
usually after their bank accounts are drained.

From 1995 to 2002, foreclosure filings in Cuyahoga County more than
tripled, rising from 2,200 to about 7,700. Stephen Bucha, head
magistrate of the county's foreclosure department, blames increased
borrowing, an up-and-down economy, and, most of all, high-interest
lending for what he calls a "huge increase in volume."

"It's like a cancer," says Cleveland Councilman Mike Polensek. "Every
year it's gotten worse and worse . . . Those empty [foreclosed] houses
can sit there for a year or three years" -- becoming eyesores at best,
crack houses at worst.

Even Ney's rural home county of Belmont, on the West Virginia border,
has seen foreclosures more than double since 1998....

In place of state and local regulators, Ney's bill would create a
15-member national board to write lending policies. But it would be
heavily stacked in favor of the mortgage industry, which would get 11
seats.

The logical assumption is that the board would create rules benefiting
lenders, not consumers. Ney's spokesman counters that the industry
members would come from different parts of the lending world --
mortgage brokers, realtors, insurers, etc.

Consumer groups say the bill heralds the beginning of the mortgage
industry's big push to install its brand of reform. The industry gave
$12.5 million in campaign contributions to federal candidates in the
2002 elections -- more than 10 times what it gave 10 years earlier.


Support for Bankruptcy Reform

Consumer Financial Services Law Report
Sep. 11 , 2002


Association of Community Organizations for Reform Now members
protested recently at the headquarters of MBNA Corp. in Wilmington,
Del. in an effort to raise awareness and to gain support for its
opposition of the bankruptcy reform legislation currently pending
before Congress.

ACORN chose to protest MBNA because as the world's largest independent
credit card issuer, with managed loans of 95.4 billion, MBNA is also
the leading contributor, according to ACORN, to congressional
campaigns among finance and credit companies. MBNA has given almost 4
million during the 2002 election cycle.

**************************

Um...get my point? The average person has no idea how much the cards
are stacked against him/her.

"Sometimes I think it's a sin, when I feel like I'm winning, when I'm
losing again."


"Robert Stumpf" <rob@online-law-firm.com> wrote in message news:<bn2gt0$spr9s$1@ID-200874.news.uni-berlin.de>... "Brett Weiss" <lawyer@erols.com> wrote in message news:28adneqhP749cA6iRVn-tQ@comcast.com... The issue isn't that her credit is messed up, it is that it is messed up in the wrong way. I don't disagree, but the issue becomes what she wants to do about it. I think it's reasonable that if she wants an attorney to help her with this problem, she needs to pay for that service. If she decides she doesn't want to pay, she might be just as well living with the conseqences and moving on. I don't see how her writing NG posts about the evils of campaign contributions really helps much. Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email rob@online-law-firm.com Disclaimer: No email or newsgroup communication is to be construed to establish any sort of an attorney-client relationship, is not legal advice, and is not a replacement for the advice of a competent attorney in your jurisdiction. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** ***************

DurianGoldBar@webtv.net (GoldenMan54) wrote in message news:<6583-3F957F13-193@storefull-2293.public.lawson.webtv.net>... I have a friend who got hauled into small claims court for oweing a nsf check so she claims. The court referee said she had to pay the claim. However she read in a publication somewhere that while the small claim courts can order her to make payment, it is still up to the person who got the nsf check to collect and she does not have any money to pay; thus she is not going to pay the amount due. Can she actually do this and nothing will happen to her. She can pay $100 per month but the NSF person wants $500 per month payment. Thus the squable.

The Small Claims Court can grant a Plaintiff a Judgment, however it is
up to the Plaintiff to collect. The Court has no enforcement power
other than to grant an additional motion to attach other personal or
real property.