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    Just a matter of time now...

    DH and I went through our petition papers and made some corrections to our lawyer's numbers. I dropped them off the other day so now we wait. We'll be filed soon, and I'm really happy about that! Our lawyer is very confident that he can get us into a 3yr plan rather than a 5yr plan...and so far, we're coming up with a $200/mo payment. Yay!!!

    I've got one question that I've been wondering about though....

    Our mortgage payment is automatically withdrawn from my checking acct every month. After we file, will it still be automatically withdrawn.....or can the bank not do that because of the stay???

    We are current on our mortgage and we are keeping the house. Our mortgage payment is outside of the plan.

    I'm really hoping the payments are still auto deduct and I don't have to start making payments in person....or mailing in payments.

    Anyone have any experiences??
    Filed Chapter 13 on March 16, 2010
    341 Mtg on April 16, 2010, Confirmed on May 7, 2010 (Step plan for 36 months)
    35 months down - 1 to go

    #2
    Mortgage payment

    Our attorney had us stop are mortgage payment from being debited from our checking account. He told us it had to be included in the bankruptcy even though were keeping our house. I would rather not but that's what he had us do.

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      #3
      Originally posted by pete42 View Post
      Our attorney had us stop are mortgage payment from being debited from our checking account. He told us it had to be included in the bankruptcy even though were keeping our house. I would rather not but that's what he had us do.
      Even though you may pay for your mortgage outside of your Plan, your mortgage is still included in your bankruptcy and is part of your bankruptcy. You will see it listed in your Plan with the trustee indicating that payments are to continue by you on the mortgage and paid directly by you to the mortgage company. However, when the mortgage company is notified of your Chapter 13, your account is sent to their BK section so if you are sending a check in every month, you should be notified by them where to start sending your payments; I don't believe that when the account is sent to their BK section that payments can continue to be withdrawn from a checking account - you would have to check with your mortgage company and/or attorney as to that.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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