In a Chapter 13 bankruptcy, also known as an adjustment - of - debt plan, the debtor makes
partial payments to creditors as part of three - to five - year repayment plan.
Similarly, many people are concerned about losing property in Chapter 7, because they may have heard that the bankruptcy trustee can sell non-exempt property to make
partial payment to creditors.
If the total amount you request exceeds your Total Credit Line, we may send full or
partial payment to your creditors in the order you provide them to us.
Not exact matches
The announcement comes as Venezuela faces acute financing problems after
creditors and ratings agencies declared the government and state - run oil firm PDVSA
to be in
partial default for missing interest and principle
payments on bonds.
A «means test» is applied
to determine whether the debtor can afford
to make
partial payment to his or her
creditors.
With a settlement, you ask the
creditor to accept
partial payment on the account and cancel the rest of the balance.
Consumer proposals involve contacting your
creditors and saying, in effect, that as much as I would like
to pay back my debts, I can't afford
to do so, so will you accept
partial payment and call it quits?
In some states, making a
partial payment also resets the clock on the statute of limitations (how long the
creditor has
to sue you for the debt).
Some
creditors accept
partial payments and allow customers
to make more than one
payment a month.
If a
creditor does challenge the discharge of a debt, Ginsberg states that the recourse is
to negotiate a
partial payment plan for that particular debt or
to convert the case
to a Chapter 13 Bankruptcy, which requires a court - ordered repayment plan over several years.
Often times, most
creditors (including the IRS) are willing
to accept a settlement — which is a
partial payment of the total amount due — in lieu of going
to court.
(1) Receiving or offering
to receive funds from a consumer for the purpose ofdistributing thefunds among such consumer's
creditors in full or
partial payment of suchconsumer» sdebts;
Commenters asserted that if the Bureau decides
to finalize the proposal, that the Bureau should define the term «
partial payment,» what actions constitute acceptance of a
partial payment, and provide model language that
creditors may use
to describe their
partial payment policies.
Some commenters, including national trade associations representing banks, general consumer mortgage companies, and large mortgage finance companies, suggested that the Bureau adopt a provision in the final rule that would provide that
creditors comply with the
partial payment policy disclosure requirement by providing a statement directing the consumer
to contact the consumer's servicer about how the consumer's
partial payments would be applied.
With respect
to the Post-Consummation Escrow Cancellation Notice and
Partial Payment Policy disclosure, which are not and can not be included in the Loan Estimate and Closing Disclosure because they are delivered post-consummation, the additional costs are likely
to be minimal and the disclosures should be relatively easy
to implement because
creditors already have
to revamp their origination process due
to the newly integrated TILA and RESPA disclosures.
The commenters expressed concern that the proposal would have required
creditors to provide information about an issue, the treatment of
partial payments, which they asserted is a complex mortgage servicing issue.
In an ex parte communication, two GSEs stated that the Bureau should require
creditors to disclose whether a consumer will be in default when
partial payments are accepted.
However, the CFPB has decided
to require
creditors to retain evidence of compliance with the integrated disclosure provisions of Regulation Z for three years after consummation of the transaction, except that creditors must retain the Closing Disclosure and all documents related to the Closing Disclosure for five years after consummation, consistent with the requirements of existing Regulation X. Creditors must retain evidence of compliance with the Post-Consummation Escrow Cancellation Notice and the post-consummation Partial Payment Policy disclosure for two years in accordance with the general retention period under 102
creditors to retain evidence of compliance with the integrated disclosure provisions of Regulation Z for three years after consummation of the transaction, except that
creditors must retain the Closing Disclosure and all documents related to the Closing Disclosure for five years after consummation, consistent with the requirements of existing Regulation X. Creditors must retain evidence of compliance with the Post-Consummation Escrow Cancellation Notice and the post-consummation Partial Payment Policy disclosure for two years in accordance with the general retention period under 102
creditors must retain the Closing Disclosure and all documents related
to the Closing Disclosure for five years after consummation, consistent with the requirements of existing Regulation X.
Creditors must retain evidence of compliance with the Post-Consummation Escrow Cancellation Notice and the post-consummation Partial Payment Policy disclosure for two years in accordance with the general retention period under 102
Creditors must retain evidence of compliance with the Post-Consummation Escrow Cancellation Notice and the post-consummation
Partial Payment Policy disclosure for two years in accordance with the general retention period under 1026.25 (a).
National trade association commenters representing banks generally, consumer mortgage companies, and large mortgage finance companies further asserted that if the Bureau issues final regulations requiring mortgage servicers
to provide a
partial payment disclosure in connection with the Bureau's separate mortgage servicing rulemaking, then it would be unnecessary for the Bureau
to also require
creditors to provide the pre-consummation
partial payment disclosure.
Some commenters, including several national trade associations representing banks generally, consumer mortgage companies, and large mortgage finance companies, asserted that the Bureau should withdraw the proposal
to require the
creditor to provide the pre-consummation
partial payment disclosure on the Closing Disclosure.