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    Mortgage Payment question.

    I know its a little off topic but I am a worry wart. Sent a 2nd Mortgage payment out on the 7th of Sept and its still hasen't been received today the 17th. I've had one sent back early on in the bankruptcy on the first mortgage because they were seeking a Relief of Stay now I'm worried its happening with 2nd mortgage. Nothing new on pacer so I'm probably just over reacting. Does 10 days seem normal for a check not to get from ohio to Iowa.

    #2
    Kev - refresh my memory - why are you paying your 2nd again and outside of your bk?

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      #3
      Lawyer told us it couldn't be stripped. Same lawyer that told us that girlfriends income and expenses had to be figured. I only have until April then it's all over. Why do you ask?

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        #4
        I asked because I couldnt find anything in your posts if you had tried to strip it or not . So both you and your girlfriend have both filed CH. 13 and each other's income is being used in each others case? Yeow... how does that play out if you're only months away from a completion? Wont her payment then go up because yours is paid?

        As for the mailing of payments - I always mail mine with some sort of certified delivery on it, that way I know when it was delivered and who received it, as well as its trackable.

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          #5
          No she has not filed. When I filed she was living with me so my lawyer said her income and expenses have to be included in the means test. I never understood this because none of the debt is hers. Is getting the 2nd stripped something you would try to do at this point?

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            #6
            Originally posted by kev7554 View Post
            No she has not filed. When I filed she was living with me so my lawyer said her income and expenses have to be included in the means test. I never understood this because none of the debt is hers. Is getting the 2nd stripped something you would try to do at this point?

            Okay then I'm confused because in reading your posts http://www.bkforum.com/showthread.ph...551#post357551 you said your GF filed and in this post http://www.bkforum.com/showthread.ph...026#post450026 you claim that you filed ??? Sorry if I'm misreading but its how it comes across in your posts

            you cant get the 2nd stripped now - that usually has to be done before confirmation. you're only 7 months from the end of your plan.... as others have stated, I wouldnt rock the boat too much.

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              #7
              Originally posted by kev7554 View Post
              No she has not filed. When I filed she was living with me so my lawyer said her income and expenses have to be included in the means test. I never understood this because none of the debt is hers.
              Your girlfriend's total income needed to be included in your Means Test, but then later in the test any income she makes that is *NOT* going to supporting the household is supposed to be subtracted back out. Her personal expenses that are unrelated to the support of the household should not have been included in your filing. Is this what your lawyer did?
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

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                #8
                Originally posted by lrprn View Post
                Your girlfriend's total income needed to be included in your Means Test, but then later in the test any income she makes that is *NOT* going to supporting the household is supposed to be subtracted back out. Her personal expenses that are unrelated to the support of the household should not have been included in your filing. Is this what your lawyer did?
                All that the lawyer had her do was put things down on an attachment to schedule J like her credit card payments and cell phone bill and her car payment. On Schedule I all her financial income is listed under SPOUSE. My lawyer combined our average monthly income. Thats one of the problems is her car payment of 303 dollars a month is finished in September so he wants us to meet in early october because he says the plan must be modified because we will have an extra 303 a month not including the raise that I have just received that will start showing up on my check first week in october.Does this sound write Lrpn?

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