Can we FORCE mortgage co. to file claim?

[trying2getby]

We are only a couple of weeks from the deadline to file claims date, yet our mortgage company has not filed a claim yet.

We have a 1st & 2nd (same mtg co), as well as some arrears, which are all to be included in the monthly trustee payment. The mortgage co. has only filed a claim for the arrears. What gives? How do we ensure money goes to the mortgage payment? Our plan is 0% to unsecureds.

We have made 3 payments to Trustee so far and Trustee has disbursed only two payments, both to GMAC.

[BnkrptcyLwyr]

The mortgage is supposed to list the arrearages. And what they always do is they also list the ongoing mortgage payment at that time ... so the regular payment should be made as well.

Is your plan confirmed yet? If not, then the payments to GMAC are likely "adequate protection" payments, and the mortgage company would then receive a large first disbursement after the case is confirmed. If your case has been confirmed, then you better go see your lawyer.

Also note, after the deadline for filing claims has passed, if the mortgage company has not filed its claim, then the Debtor can file the claim within 30 days after the claims filing deadline has passed. Get on your attorney to make sure that the claims are filed.

[UpsideDown]

I don't understand about claims.....So you want your creditors to file claims? Can someone give me a brief explanation about that?

[BnkrptcyLwyr]

Yes, you want your secured creditors to file so that they get paid (at least on your house and cars if your keeping them).

Unsecured creditors ... the fewer that file, the better.

[justbroke]

I filed claims for two secured creditors. If your mortgage servicer or lender doesn't file a claim, then you can file a claim up to 30 days beyond the claims bar date.

Technically, they still hold a lien, and if you don't file and claim and they don't file a claim, then the Trustee can't (and won't) pay them the mortgage. The Trustee will only pay the arrears.

If they don't file a claim, just file one for them.