Ok Here goes
Having introduced myself I decided to write this in two posts. This one will try and be a simple statement about what I’m looking to find out. The next one will be more detailed and the "tear jerker" LOL, for those who can stand to read it or want more info. I will cross link the two.
I filed CH13 in 2006 under the old rules. House, Truck, 5000.00 medical bills. That’s it. The lawyer I hired was supposed to be the best around. When we filed I asked him how I could get a financial statement of the history of my payments to the mortgage company since I was unable to speak the same dialect of English they spoke. Supposedly I was 4300.00 in arrears, I never got an answer or a statement.
In 2007 after year’s payments I was told I had to had to get the court to dismiss my case and refile. When I asked why I was given no answer. And after two years of asking I still don’t have an answer. I do know that he case came under the new rules and opened up a whole new can of worms. I also know that I got hit with 2500.00 lawyer fee. 1400.00 for a foreclosure fee (I never even received a notice) 400,00 fee for truck, and despite having made all my payments my mortgage arrears went to 15000.00. Pmts went from 1350.00 a month to 1475.00 to 1590.00 to 1783.00. Enter the IRS and taxes. After writing my attorney and telling him before we filed the first time and this time that I had not filed taxes (see tear jerker) the IRS got a judgment of 300.00 a month which brought it to 2003.00. Then, according to lawyer, they decided to make an example of me since I didn’t have all my returns filed (which the lawyer was told by me in a letter before we filed) and file for dismissal. They didn’t care about the money they just wanted the paper work. Which my lawyer said we should agree to and we should file again and the IRS would agree.
Which brings me to the present. We have filed for the third time. With the same paper work we filed the first time. The Trustee has gotten on his hi horse and moved for dismissal with a list of items based on the last two filings. When I got home (I work all over the country) the paper work was in my mail. When I called the lawyer and asked about it he didn’t have a clue and said he would have to talk to the trustee. That was two weeks ago. As of today I have heard nothing and court is tomorrow. I decided not to call him but show up for court so he would have to face me.
Here's my question
What do I do if they grant the dismissal?
Can I get with the mortgage company and try and work something out. Same with GMAC.
How do I get an accounting form mortgage company?
How do I get an accounting from the trustee? There are some problems there
Is there some way to appeal or fight all this? I did try and get another lawyer (see tear jerker)
After writing this and seeing how long it is it may take some time to write the specifics (tear jerker)
Stay tune for part 2
Part two can be fund here
Thanks in advance to all those who reply
Having introduced myself I decided to write this in two posts. This one will try and be a simple statement about what I’m looking to find out. The next one will be more detailed and the "tear jerker" LOL, for those who can stand to read it or want more info. I will cross link the two.
I filed CH13 in 2006 under the old rules. House, Truck, 5000.00 medical bills. That’s it. The lawyer I hired was supposed to be the best around. When we filed I asked him how I could get a financial statement of the history of my payments to the mortgage company since I was unable to speak the same dialect of English they spoke. Supposedly I was 4300.00 in arrears, I never got an answer or a statement.
In 2007 after year’s payments I was told I had to had to get the court to dismiss my case and refile. When I asked why I was given no answer. And after two years of asking I still don’t have an answer. I do know that he case came under the new rules and opened up a whole new can of worms. I also know that I got hit with 2500.00 lawyer fee. 1400.00 for a foreclosure fee (I never even received a notice) 400,00 fee for truck, and despite having made all my payments my mortgage arrears went to 15000.00. Pmts went from 1350.00 a month to 1475.00 to 1590.00 to 1783.00. Enter the IRS and taxes. After writing my attorney and telling him before we filed the first time and this time that I had not filed taxes (see tear jerker) the IRS got a judgment of 300.00 a month which brought it to 2003.00. Then, according to lawyer, they decided to make an example of me since I didn’t have all my returns filed (which the lawyer was told by me in a letter before we filed) and file for dismissal. They didn’t care about the money they just wanted the paper work. Which my lawyer said we should agree to and we should file again and the IRS would agree.
Which brings me to the present. We have filed for the third time. With the same paper work we filed the first time. The Trustee has gotten on his hi horse and moved for dismissal with a list of items based on the last two filings. When I got home (I work all over the country) the paper work was in my mail. When I called the lawyer and asked about it he didn’t have a clue and said he would have to talk to the trustee. That was two weeks ago. As of today I have heard nothing and court is tomorrow. I decided not to call him but show up for court so he would have to face me.
Here's my question
What do I do if they grant the dismissal?
Can I get with the mortgage company and try and work something out. Same with GMAC.
How do I get an accounting form mortgage company?
How do I get an accounting from the trustee? There are some problems there
Is there some way to appeal or fight all this? I did try and get another lawyer (see tear jerker)
After writing this and seeing how long it is it may take some time to write the specifics (tear jerker)
Stay tune for part 2
Part two can be fund here
Thanks in advance to all those who reply