I logged in and checked the 13 data center today and I am wondering why one of the claims would read as surrendered as the claim descrition. It previously read as secured. This creditor is our 2nd mortgage and we filed a motion to strip on Monday 4/6. Is this normal?
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If the claim read as surrendered is your second mortgage and you've filed to strip it, that means you have surrendered the loan back to the bank and that's what I believe what you are seeing on your 13DataCenter page. Check with your lawyer to be certain.Originally posted by gettingby2008 View PostI logged in and checked the 13 data center today and I am wondering why one of the claims would read as surrendered as the claim descrition. It previously read as secured. This creditor is our 2nd mortgage and we filed a motion to strip on Monday 4/6. Is this normal?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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That particular claim is an "unsecured" claim. They are wording as such, that the original "secured" claim -- or what they would have had as a secured claim -- is no longer secured and that they want to be part of the general unsecured claim pool.
Based on your plan payments, they could get "some" money out of your bankruptcy over the commitment period.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Can I ask what it took to get your 2nd stripped after filing your 13? When I filed, the attorney had me use the county tax assessment as my home value, but I've since learned my house is worth far less - about the same as the balance of the 1st, in fact, which makes the 2nd unsecured. I've been researching forensic appraisals and loan reviews, but would love to know what steps you took to get this done.Originally posted by gettingby2008 View PostI logged in and checked the 13 data center today and I am wondering why one of the claims would read as surrendered as the claim descrition. It previously read as secured. This creditor is our 2nd mortgage and we filed a motion to strip on Monday 4/6. Is this normal?
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