Help! 1 1/2 years post filing second mortgage

[newone]

Morning everyone. We filed chapter 13 in November of 2013, have been making on time payments since that time. Are current on first and second mortgages and trustee payments. A little history, we had filed a 7 in November of 2010, we got back in debt (I know, I know), then DH lost his job. When we filed the 7, we kept our home and kept the payments. When DH lost his job, we got behind on both mortgages, stopped paying the second, they wrote off the debt as uncollectable.

Fast forward to November 13, filed the 13 as stated above. The second mortgage did not file a claim, so trustee filed one for them. Eventually they filed. We have been paying the second mortgage since then. In April of this year, we suffered almost 20k damage to our home. The insurance made the check to us, along with the first and second leinholders. When I call the second leinholder, they can never find the account. Finally, I got an address, sent them the check and a letter asking them to sign and return the check so we could send it to the first, who is keeping it in an escrow account and will pay our contractor directly.

Friday, we received papers from the trustee, that are an objection to a claim filed by the second leinholder. The claim was filed on July 6 of this year. The papers state that they (the second leinholder) filed a claim stating the full amount of the second is pre-petition arrearage. Of course, I get the letter after the attorney is closed for the weekend. How can this be possible? Can they file a new claim? What grounds are they using? The trustee filed an objection to the claim due to the fact that there was no explanation listed as to why the full amount of the second is listed as pre-petition arrearage. How does this work?

I am so confused. Please help!!!

[justbroke]

Your Trustee is on top of this. They can't file a "new" claim but they may be able to amend a claim. This reads as if the 2nd doesn't know what they are doing or what they need to do in a Chapter 13 bankruptcy. Allow the process to work itself out. Personally, I probably would have never sent the check but engaged the Trustee or the Court to get the check properly endorsed. Unfortunately none of us have crystal balls, so you did what you thought was correct and normally that is the correct way to do things.

You and your attorney may also want to file an objection as well to the claim of exemption especially if it's a "new" claim (with new claim number).

I'm sure everyone is confused including the Trustee. No one knows on what grounds this creditor is using to either file a new claim or modify their existing claim nearly two years later.

[newone]

Thank you! I spoke with the paralegal on Monday, she assured me they're taking care of everything. When I pressed her for more information, she said they nor the trustee know what the banks intent is. So it's still a waiting game at this point.