financial problems in a 13

[spy]

I hope someone can give me some answers.

Due to being laid off for a period in 2008 and 2009, I fell behind on my mortgage payments. After getting rehired by my main employer, I tried to get a loan modification with my mortgage holder (Citimortgage), they were unwilling to work with me and proceeded with foreclosure proceedings. The only other debt I had was with my condo association and a credit card of $1000. To save my condo, I filed for Ch 13 in October of '09 and was confirmed in Jan of '10. My Ch 13 payments are deducted from my paychecks with my main employer. I have a second job which is seasonal from Sept thru June. This money is what allows me to make ends meet during my bk. Well, of course from June thru Sept things are extremely tight, and of course in early July the clutch in my car went up. Cost me $968 which I really did not have. Because of where I live and where my job is, my car is the only way of getting to work and I had to have it fixed. I pay my mortgage outside of the plan and did not want to fall behind. So I am now 30 days late on my condo fee. I will be paying it next week and will be current after I get my first check from my seasonal job.
Today I got a letter from the management company asking for all of the $3500 I owe them which is being paid in the Ch 13. They are saying that if I dont pay the full amount within 15 days, they will turn it over to their attorney. My question is, could this cause my bankruptcy to be cancelled and lead to me losing my condo?
Any advice would be really appreciated.

[catleg]

So presumably you have some HOA dues in arrears that are being paid by the BK trustee in your plan. Also you are falling behind on your current dues which you pay directly.

If you're in a chapter 13 I think the management company violated the automatic stay with the collection letter.

But if you delay and it goes legal then probably, contractually, you will be held responsible for their expense of collection, which includes making a motion for relief from the automatic stay to the BK court.

If you're getting behind on your current payments, you can talk to the HOA and tell them your plans.

I would recommend getting caught up with the current payments with the HOA immediately.

You're better off asking the BK trustee for permission to defer a month rather than falling behind on the mortgage or HOA dues.

[despritfreya]

In response to:

"Today I got a letter from the management company asking for all of the $3500 I owe them which is being paid in the Ch 13. They are saying that if I dont pay the full amount within 15 days, they will turn it over to their attorney."

You should be turning the collection letter over to your attny.

1. Sending the letter is a violation of the automatic stay
2. If the letter only addressed the post petition default (1 mo.) I might not get too upset. However, it demands all arrears, pre and post petition which, IMHO is a willful violation of the automatic stay and would result in a very strong response from me on behalf of my client.
3. The only amount you have to pay at this time is the post petition amount.

And, no, you are not losing anything over a minor 1 month delinquency but you do need to catch up that 1 month ASAP.

[spy]

Thank you for your responses. They make me feel better. I am sending the check for my August HOA dues this week, and the September HOA dues next week. I will be forwarding the letter they sent to my attorney this week.