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  1. #1
    Join Date
    Oct 2007
    Posts
    3

    Red face Creditor Harrassment and Mobile Home Debt, After Chapter 7

    My husband filed chapter 7 which was completed in 7/16/07, he included our mobile home in the chapter 7 which is on our private property. I told the loan people before we filed chapter 7 in Feb.07 to come get the mobile home off the property. They said that since he was filing bankruptcy that they would deal with my atty. I figured after the bankruptcy they would schedule to come and get it off my property.We didn't hear anything from the loan company until 7/20/07 when a constable served us papers saying that the company was sueing us for the total amount of the loan. at that time I called the company and told them that they were in our bankruptcy. I offered to buy the mobile home but I would pay to have it appraised and pay that amount or $20,000. not the crazy amount they were asking for. A representative of my account was very rude and said that she would let the depart whoever know and if they didn't approve it they would be out in two weeks to get the mobile home off my property. I told her to let me know before they come because I have livestock and fences have to be taken down to remove the mobile home.10 days I called the loan holders left several messages for MY representative because no one else could help me, to finally on the 10th day get ahold of her supervisor who told me that they would be out in two weeks to get it off the property.So we went to the court house and filed a written answer showing they were in the bankruptcy and sent it to them certified mail which they recieved on 7/31/07.So I'm thinking within two weeks they will be out here to get this mobile home. 9/4/07 we recieve a letter states that they are going to have a private sale of the home after sept 14 and that any money that they don't get we owe. Which was sent certified mail. Is this not creditor harrassment. I figure ok they will be out in two more weeks. Again never comes. Around 09/20/07 we recieve a letter from a diffrent loan company saying that they have purchased our loan and nothing changes but who we make the payment to.Who I have not called yet. My question after all this is... Is this not creditor harrassment and is it not abandonment for leaving this mobile home on my property for so long. I need a atty or someone to lead me in the right direction of what I can do. I would like to keep the mobile home here for convience but can move it if have to. PLEASE HELP!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: creditor harrassment and mobile home after chapter 7

    If they were proceeding with legal actions against you while you were in bankruptcy, why didn't you petition the bankruptcy court to hold them in contempt?

    If you agreed to surrender the mobile home as part of the bankruptcy proceeding, that should resolve their claim. Check with your bankruptcy lawyer to make sure that this was handled properly during the bankruptcy proceedings.

  3. #3
    Join Date
    Oct 2007
    Posts
    3

    Default Re: creditor harrassment and mobile home after chapter 7

    They did not prosue anything until after the bankruptcy was completed and they have made no attempt to come get the mobile home off my property. My bankruptcy lawyer said that they were included in the bankruptcy.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: creditor harrassment and mobile home after chapter 7

    Talk to your lawyer about initiating contempt proceedings in the bankruptcy court.

  5. #5
    Join Date
    Oct 2007
    Posts
    3

    Default Re: creditor harrassment and mobile home after chapter 7

    I can not get ahold of that lawyer. I have left several messages and the dealing with him has been a nightmare every since we started this whole thing. Is there something I can do myself. I am also having problems because he is from Dallas and we are way out of town.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: creditor harrassment and mobile home after chapter 7

    It is something you can do yourself, if you can figure out how. It is also something you can hire a different lawyer to do for you.

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