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Asked 4 months ago - Fort Smith, AR
FlagI recently filed bankruptcy and it has not been dis-charged as of this date. I have student loans that were not in default at the time of filing bankruptcy and were not included in dis-chargeable debts in the filing. I need a document from the lender simply stating that I was not in default at the time of the filing. They refused to provide the document to me and said my lawyer would have to request it. It is imperative that I get this statement as soon as possible. It will take up to two weeks for a lawyer to get it from them due to the bureaucratic mess involved. As a burrower, shouldn't I have the right to see information on my accounts without having to pay or hire a lawyer? Thank you for any help you can give me.
No. The lender cannot communicate with you regarding the debt due to the bankruptcy. All communications must be through your attorney. So have your attorney make the request and wait the two weeks. No right to sue here, but there might very well be if they did in fact provide you with the information, which is what the lender is trying to avoid!
From your post, you can get the information in 2 weeks. That means you don't have a legal issue. In two weeks, after you pay a lawyer a retainer of several thousand dollars, you will have a lawsuit just filed (not one a reputable lawyer would file). Then, you get your student loan statement and all that time and money is wasted. When you file Chapter 7, one of the biggest benefits is the "automatic stay" that prevents creditors from taking any action to collect. That usually means letters, statements and bills and creditors who want to be safe often drop all communication. Let your lawyer get the statement.
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