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Mortgage Interest and disbursments

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    Mortgage Interest and disbursments

    I have a question on the interest paid in plan for my primary mortgage. Will I receive a 1098 for it and be able to claim it on my taxes each year for the next 5 years of my plan?

    The trustee doesn't seem to disburse payments very fast and not on any regular schedule. So far nothing has been paid to the mortgage holder, my other secured creditor(car loan) has gotten one payment, I have been paying the trustee since Oct 2008. Is this normal?
    Date Filed 10/31/2008
    341 Meeting Date 12/17/2008
    Case Confirmed 1/15/2009

    #2
    Originally posted by Chptr13inIL View Post
    I have a question on the interest paid in plan for my primary mortgage. Will I receive a 1098 for it and be able to claim it on my taxes each year for the next 5 years of my plan?
    Yes, if you receive a 1098 from your lender, then you should be able to include the interest on your mortgage when calculating your taxes during your active Ch 13. Your lawyer may have insights about this, or if you use a tax preparer, this would be a good question to ask to confirm this is the case in your state and city.

    The trustee doesn't seem to disburse payments very fast and not on any regular schedule. So far nothing has been paid to the mortgage holder, my other secured creditor(car loan) has gotten one payment, I have been paying the trustee since Oct 2008. Is this normal?
    There's one thing you do not have to be concerned about after filing Ch 13, and that's how and when your trustee disburses your payments to your creditors.

    Especially for the first few months of a new Ch 13 plan, your trustee may not disburse any funds to creditors, even secured, if your case isn't confirmed yet (is your case confirmed?). And right now there's a terrible crush of bk filings, so many trustees are overwhelmed trying to keep up. If you are confirmed, that may be why your trustee is delayed paying some creditors.

    You're in Ch 13 - your creditors can't do a thing to you because of the automatic stay. They just have to wait until your trustee finally sends out some money. Your only concern is to make sure you keep making your payments on time each month without fail.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thanks for the answers!
      Yes my case is confirmed but just recently - Jan 15. It makes sense that things are backed up. My payments are payroll deducted so it makes it easy getting them in on time. So now just 56 to go
      Date Filed 10/31/2008
      341 Meeting Date 12/17/2008
      Case Confirmed 1/15/2009

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