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    Need Help

    Good Morning,
    I haven't been here for awhile, but I should have. Now I am in a pickle, and need advise.
    I was confirmed in October, 2010 for a Chapter 13 with payments that are within reach, but not any room for extras. I was under the impression that my arrears in both 1st and 2nd mortgage were included. What I found out, is only some months were included. That means I am currently behind (outside of the plan) 1 month on 1st and 3 months on 2nd.
    I only get my information off of Datacenter13. My attorney has been paid in full by the trustee, so now of course, he is not interested in helping.
    Today, when I went on DataCenter13 - the plan is pending review? Prior to today, it listed crediters (10) which included attorney and myself. Today, it lists 12 crediters which means 2 more were added? It also has the amounts owed to each, where as before it didn't.
    What does pending review mean? I have payed 5 months so far.

    I am trying to get caught up with the mortgages, but as you all know, being in my situation, there is no wiggle room for extra payments. What should I do?
    Any help or advice would be appreciated.

    #2
    Your attorney should still help you throughout the life of your Chapter 13. Yes, they can also be paid for any extra work within your plan.

    Usually if you are behind in your mortgage payments the arrears are in the plan as well as your ongoing mortgage payments. I'm a bit surprised to hear that you are making ongoing mortgage payments outside of the plan with arrears within the plan.

    Call your attorney and make an appointment to sit down face to face and discuss how best to proceed. To fall behind in ongoing secured payments (mortgage, car, etc) is a recipe for disaster in a Chapter 13.

    Also, don't rely on DataCenter so early in your plan. There is quite a bit of things that go on in the very beginning and not all of it is accurate on those data sites.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Originally posted by newbie2 View Post
      Usually if you are behind in your mortgage payments the arrears are in the plan as well as your ongoing mortgage payments. I'm a bit surprised to hear that you are making ongoing mortgage payments outside of the plan with arrears within the plan.
      Not all districts require "conduit" post petition mortgage payments. In fact, up to about 3 or 4 years ago there was no such thing in any district.

      OP,

      All of your pre-petition mortgage arrears should be part of your Plan with you making all post petition payments directly to the lender. If you have questions on this obtain a copy of the Order Confirming the Plan as it should spell this out. Further, as previously indicated, unless your attorney has withdrawn he still is the attorney of record and you need to set an appointment to meet with him to discuss your concerns.

      Des.

      Comment

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