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Getting Ready for Confirmation Hearing

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    Getting Ready for Confirmation Hearing

    I had my Meeting of Creditors yesterday. No creditors attended and the trustee was helpful and kind. I am filing with out an attorney so I am very relived that I can ask questions and get clear answers. He was very complimentary about my paperwork. I told him I used this web site and the Nolo Book.
    I do have one BIG hurdle in front of me. It is THE DREADED BANK OF AMERICA COMPLETEING A LOAN MODIFICATION!
    My confirmation hearing is in 3 weeks. My challenge in my plan is the arrears I owe on my first mortgage. I need to get a letter from the bank stating that they will include the arrears in the principle if/when they complete a modification and that I don't need to pay the arrears in the Chapter 13 plan. I know that it is unlikely that they will get a modification done before my hearing. Any thoughts on a letter that would satisfy the trustee and would be acceptable to the bank?
    My trustee said that he would not confirm the plan as is. Here are the options that he gave me to have more time to work with the bank. Once the plan is denied - I have two weeks to resubmit a new one. Can I do this more than once? Will it take another month to get a new hearing so I will have more time? He also said that I can ask for a continuance. They are not common. This seems to be my best option to buy time to work with the B of A. How do I do this? I know I will do this at the hearing, what does the judge need to be able to give me a continuance?

    I am very thankful for all the help I have gotten from this forum. Thank you!

    #2
    How long ago did you start the BofA mod process, and is it inhouse or HAMP? For inhouse we got our paperwork (stating terms, etc.) about 6 weeks after starting. Must now wait for the investor to sign forms & for everything to officially update of course - but I have copies of paperwork showing arrears to be amortized. (It came at the end, when they sent the paperwork by FedEx.)

    As to the rest - I don't know for certain BUT when my atty filed an amended plan even though it was only very minor updates - the confirmation hearing was reset. Something about giving creditors X amount of days notice of the new plan. If you check in the pro se forum, there are some (tigergem comes to mind) who filed pro se ch. 13 and perhaps have a better idea...
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    Comment


      #3
      Thanks, SMinGA, but for mortgage and loan mod stuff, I am completely unqualified to even comment. I didn't have a mortgage or loan mod in my Chapter 13 or continuance complications and wouldn't begin to know what to advise. I think justbroke is the guy Torra wants to "see".

      But yes, modifying the plan (in a very minimal way) did also result in postponing the date for my confirmation hearing as well. Four weeks in my case, because the hearings are all set for the first week of the month in my district.

      Comment

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