So, I posted a thread last week that I got pre-approved for a home loan while currently in my Ch13. My attorney, 8 months ago, told me that by taking a 2nd job at the time, that he "seriously doubted" that the trustee would ask for more money per month. Thus, taking what he said to heart, I went ahead and filed an amended Schedule I and J in December, reflecting the increase in income. In an email correspondence with him, he asked that I look over the I and J one more time, and then email back with an approval for him to submit my electronic signature and he would then file the amendment with the court. There was no subsequent objection from the trustee. Thus, I went ahead as planned with repairing my credit and trying to obtain a home loan. A tedious, frustrating 8 months process.
Fast-forward to today...
I talked to him this morning to discuss getting approval from the trustee to get the home loan, and confirmed that he received my pre-approval letter from the bank. My attorney informed me that by doing so, I'd have to show that I could afford the home loan. I pointed to my amended I and J in December that showed my increase in income from my 2nd job.
My attorney then told me that he never filed the I and J with the court because he "didn't feel it was necessary."
Hold the eff on!! I was told (have documented proof) that he said he was going to submit my I and J, last December, with the court. Therefor, I was under the assumption that he did and that the trustee didn't object to my increase. 8 friggin' months ago! Now, I find out that he never submitted anything and that the trustee has no idea that I've been making more money.
Now, I don't know what to do. If I petition to get the home loan, the trustee will then see that I make more money. If I don't, and continue to pay as planned, he's under the assumption that I still make what I originally did upon filing 2.5 years ago. Then I run the risk of him finding out, and coming back for money, or even getting my case dismissed.
I have no idea what to do. I'm currently awaiting for advice from my attorney. Though, I'm not sure how to handle him at this point as he either (a) lied to me about filing my I and J in December, or (b) simply forgot to file it. Either of which, is a huge faux pas on his part.
Fast-forward to today...
I talked to him this morning to discuss getting approval from the trustee to get the home loan, and confirmed that he received my pre-approval letter from the bank. My attorney informed me that by doing so, I'd have to show that I could afford the home loan. I pointed to my amended I and J in December that showed my increase in income from my 2nd job.
My attorney then told me that he never filed the I and J with the court because he "didn't feel it was necessary."
Hold the eff on!! I was told (have documented proof) that he said he was going to submit my I and J, last December, with the court. Therefor, I was under the assumption that he did and that the trustee didn't object to my increase. 8 friggin' months ago! Now, I find out that he never submitted anything and that the trustee has no idea that I've been making more money.
Now, I don't know what to do. If I petition to get the home loan, the trustee will then see that I make more money. If I don't, and continue to pay as planned, he's under the assumption that I still make what I originally did upon filing 2.5 years ago. Then I run the risk of him finding out, and coming back for money, or even getting my case dismissed.
I have no idea what to do. I'm currently awaiting for advice from my attorney. Though, I'm not sure how to handle him at this point as he either (a) lied to me about filing my I and J in December, or (b) simply forgot to file it. Either of which, is a huge faux pas on his part.
Closed November 2010
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