Asking for advice for Emergency Chap. 13 in TX

[jeftex]

I'll try to keep this short....
I, like probably MANY of you bought into the "HAMP Scam". (Chase is very convincing at leading you on.)
My finances have gotten a little better. So I offered to forget about the HAMP and work out a payment plan for the arrears. They weren't buying that either.

Which leads me to to filing Chapter 13..They were so good at leading on about qualifying for the modification they were able to keep me from seeking legal help. The sale of the house is on 9/7/10 today is 9/5 with labor day on Mon.
Which means I will have to file Pro se Emergency Chap.13 on the morning of the sale (and I mean as soon as the Court doors open). I know if get the docket number before the hammer falls on the sale I will get a stay losing my home.

Like I said, I am FILING Pro se, BUT intend on employing an attorney immediately after to handle the rest of it. I would use one to file but it's the 11th hour.

The payoff on the loan is approx. $91,000 and the arrears payments are at approx. $6,100.00

I have taken the credit counseling course yesterday.
Documents I have: (downloaded)

>B1 Voluntary Petition Form
>B21 Statement of Social Security#
>am going to create a Verification of Creditors
>Certificate of credit counseling

I have only one creditor and that is Chase. all else is paid off and have no credit cards.

My biggest concern are:
> the time it will take to get in the courthouse doors getting a docket # and getting the creditor notified all before the possible sale of the house.

>If I have all the documents I need in filing the emergency petition

>Who notifies the creditor, which needs to be done immediately, I assume.
(I am intending to have my wife fax the creditor matrix to the attorney
when she gets to her office first thing in Tue. morning.)

>Do I list the full mortgage pay off or only what payments that are in arrears?

If ANYBODY has any suggestions and or advice....I am listening

[catleg]

I believe you can download a "free trial" copy of Best Case software, which means it will print out the pages with "DEMO" in big letters across the front.
This might help you fill out the actual forms. Good luck!

(Or, if you have pacer, you could download a real person's chapter 13 and use it as a guide).

[jeftex]

Thanks....I'm sure I'll need the good luck wish

[wsy]

Jeftex, My story is the same as yours..I HAD to file BK 13 in order to stop the foreclosure sale. My sales was scheduled on 8/13/2009 after trying to modify my mortgage.
I was lucky because I found an attorney on 8/12/2009 to do the filing, I was 28k in arrears.
Fortunately in California there is an electronic way to file the Chapter 13 or 7 online.
I suggest for you to make sure that your mortgage company gets notified first thing in the morning about your BK if you are successful in filing.
Your schedules does not have to be complete to file the skeleton chapter 13.
You may find this interesting but I didnt have to file because the same morning as the foreclosure sale they decided to extend it because the loan mod was almost worked out.
I ended up filing anyway. Good luck to you.
I finally ended up converting to a chapter 7 and it is over now. I have been audited, discharged and case closed. Hang in there and one day it will be over.

[justbroke]

This is really cutting it close. Even worse, is that you won't even have time to speak with the Clerk of the Court (or a case manager) to review the "local rules" for filing an emergency petition. Best bet is to read the District's website and try to figure it out. Reading other Chapter 13 cases won't help too much unless they were filed as emergency cases.

You will get your case # s soon as the clerk enters your case. In Florida, we get nice "receipts" that have our case number, judge and 341 date all on it! All within 10 minutes of walking into the Clerk's office. I would take TWO additional COPIES of the "petition" with me and have the clerk FILE STAMP it. Based on who performs your foreclosure sales (auctions), walk that COPY over to them right after getting your case number.

Other than that... I just don't know why people wait until the last second to do this. It makes it difficult to get it done right. You may also find some resistance from attorneys who won't take over an already filed "pro se" case. Also, make sure you have EXACT change when you go to the Clerk.

[catleg]

I'm thinking, if you have the money, I would find an attorney with experience in chapter 13's in your area and be camped out on his doorstep when he gets to work. This is too important to blow it, and the attorney can file your case electronically, with the Best Case software it might just take a few minutes to enter your information.

[LadyInTheRed]

Jeftex, I was thinking about you while the site was down. Did you manage to stop the foreclosure sale?

[jeftex]

I found a lawyer that actually answered his phone on a SUNDAY ( 9/5) met with him that afternoon and he shot it to them electronically. Turned in the remaining documents today (9/17) Stopped the sale.

Thanks for the conerm LadyInTheRed....I was able to put my tent back in storage

Also I received a letter from Chase today stating that I should have gotten my HAMP package and all I needed to do was fill it in and I might qualify for a Loan Modification...Oh goody goody....like that's not what I have been trying for the last 7 months

[jeftex]

Thanks.....I as well found an eleventh hour lawyer...and electronically filed