My 341 is in two weeks and today on pacer i noticed that a law firm representing my mortgage company has filed a notice of appearance in my case. My plan calls for me to pay off four months of arrearages through the trustee over 60 months with regular payments to the mortgage company to begin this month. Does this notice of appearance mean that the mortgage company is going to try to lift the stay or are they just asking for notification of any filings? There is probably 60,000 to 70,000 in equity in the house. If they ask for a lift of stay, will a judge grant it even if I am up to date on the payments to be made outside of the chapter 13 plan?
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sorry, should have also mentioned that even though there is 60-70k in equity, all but about 8k of our home value is exempt -
A "Notice of Appearance" only alerts the court that the particular attorney is representing the mortgage company and any court papers regarding the claim should be directed to him/her. You are correct in that they only want notification of filings, etc.
You must be in default and unable to cure for the stay to lift. It doesn't sound like that is your situation. Good luck and don't fret about all the different filings you will see on Pacer...and watch the Pacer bill 'cause it will add up at .08 a pop
7-2-2009 Filed
8-28-09 341 Concluded, no assets
10-28-09 DISCHARGED/CLOSED!!!!
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