post petition house payment

[Limitman]

I have a question. I filed for 13 last year September and was confirmed in December. My house is being paid outside the plan. I have always and continued to make my house payment on time every month even the month that I filed. I do however get monthly statements from my mortgage company but they list the payment as due the following month. So it seems like I am a month ahead on payments but I havent made any extra payments. I thought I read somewhere that when you file you can miss that payment for that month. I wasn't sure and am not planning on missing any just looking for info. I live in ohio. Thanks

[justbaby]

Well each case is different..technically your mortgage payments are due the following month after you file. For example, if you file in July, your first payment is due August 1. But that wasn't the case for me and I was put through some unnecessary stress about this (read my previous posts) - I filed in July, my atty told me that she included August payment with bankruptcy. Read on here that it wasn't possible to do that. Well it was donel After my mortgage company did a proof of claims for my arrearages, it indeed included August's payment in which I didn't have to begin post petition payments until September. Ive only rec'd one statement thus far from my mortgage company and I had to call to get an explanation. They took the September payment I made and applied it to the earliest payment due, so according to the statement..it looks like I am still due for September. But that's just how Wells Fargo does their statements. I said all of that to say, it really depends on what your atty tells you...

[despritfreya]

Yes, you could have missed the payment that was due in the month you filed but since you didn't it is a non-issue in your case. You have a confirmed plan. Unless the Order confirming included the payment that was due in September you should not miss any payments.

As to justbaby's comment, while it is frowned upon to place any post petition payments in the Plan, you nevertheless can. The Code states that the Plan may provide for "the curing or waiving of any default". It does not limit the default to pre petition payments. I have, on many occasions, placed post petition payments in the Plan. Sometimes the lender complains (to no avail) sometimes it doesn't. The key is not to abuse the provision due to an "adequate protection" argument if the lender files a stay lift motion.