Help filed 1-14-09 when is mortgage due?????

[irisrob]

This borad has been really helpful. I filed Jan 14 and it included mortagage arrears for oct, nov and dec. When do I start making payment again if January was not included??? Do I pay now or wait? I also recieved a letter today from Wells Fargo saying my note is at default and entire balance due now......

I have the money for the Jan paymentt but if I don't have to pay it until February that would be great.

My BK was total of 5700 in mortgage arrears and 12k in back taxes,


thanks!!!!!!

[justbroke]

If you filed, then your payment is based on what your LAWYER put in your Plan. Generally speaking, your FIRST payment in your Chapter 13 Plan is due 30 days of your filing date. This would mean that your first payment is due on February 13th (2009).

If your lawyer didn't tell you all this, it must be in the paperwork. If your lawyer hasn't filed your Plan yet, then s/he will probably tell you in the next few days or so.

You do not pay now, unless you're paying outside the Plan. Again, your lawyer should have told you all this.

[filingin08]

Our mortgage was paid outside the plan (with several months of arrears inside the plan). We were instructed to make the mortgage payment as they were due and to keep track of when we paid - canceled checks, etc. If we ever missed a payment, the lendor could potentially request a lift of stay and immediately move to foreclosure. We filed 9/26 and made our first mortgage payment outside the plan 10/1. Our first full BK payment was made to the trustee on 10/15 (only because we get paid on the last and the 15th of each month).

[irisrob]

Ok but still confused about payment

thanks for the help. I just called Wells Fargo, they said all of my BK info is in the system and first payment is due Feb 1st. I will be making direct payments to them. Still not clear on what happens to my JAN 2009 obligation for payment??? Is that the payment due FEB 1st??? My 341 hearing is FEB 2, 2009. I have a call in to my attorney....

I just don't want to find out at the last minute that I have to pay for BOTH JAN and FEB for mortgage since JAN payment was NOT included in my PLAN

[arkienurse]

This borad has been really helpful. I filed Jan 14 and it included mortagage arrears for oct, nov and dec. When do I start making payment again if January was not included??? Do I pay now or wait? I also recieved a letter today from Wells Fargo saying my note is at default and entire balance due now......

I have the money for the Jan paymentt but if I don't have to pay it until February that would be great.

My BK was total of 5700 in mortgage arrears and 12k in back taxes,


thanks!!!!!!

If your January payment is not included in the plan, you need to pay it by the January due date. Mortgage due dates do not change because you filed bk.

[irisrob]

Filed 1-14 341 is 4-2-09?????? WHY SO LONG??

Hello,

if I filed 1-14-09 why is the 341 hearing not until April 2,2009? Just got a letter today from the trustee........that is 75 days!!!

I hope it is a typo!

[justbroke]

Hello,

if I filed 1-14-09 why is the 341 hearing not until April 2,2009? Just got a letter today from the trustee........that is 75 days!!!

I hope it is a typo!

Because 11 USC 341 reads that it only need to occur... [w]ithin a reasonable time after the order for relief in a case under this title...