HELP-Nneed Advice on Move for Relief of Automatic Stay

[charmd]

Our BK 13 was confirmed 10/8/2010 and we received the intent to pay 10/25/2010. At the end of November we received a notice from the court that our first mortgagee is requesting a Relief of Automatic Stay- I have made all of my payments to the trustee and they are listed in the Intent to Pay from the court, but when I went online to view the ledger of payments nothing has been sent to the first mortgagee.
We were doing a lien strip on a third we had for a failed business so I was waiting to make sure that was competed and approved before I made all of my payments so I only made 3 of the payments in the 6 month period but have the money saved for the other payments to get caught up. My attorney said he would have them add the other 3 payments to my next 6 monthly payment and get caught up that way- he said this is what judges normally do.

Also, our attorney told us that our back property taxes were include in the BK and my payment adjusted from $865 to $1200 per month for this beginning October 2010. I have made the increased payments, but when I got the Intent to Pay the property tax was listed outside the BK. I have contacted my attorney and met with him at the beginning of December. He went back to go back to court and argue that we are trying to keep the house. The court date was last week and I have not heard from him. I have left messages and emails with no response. Is is ok to email the trustee and ask about the trustee payments and the property tax? I read that Trustee's don't like to be contacted and want you to go through your attorney, but this is frustrating.

I know part of it is my fault, but I want to make sure the payments from the Trustee are going to the correct place-
If anyone has been in this situation advice would be really helpful.

[justbroke]

You need to sit with your attorney. If that means "stalking" him/her by sitting in their office until they return from court, then you should do so. You shouldn't be this worried when you are represented as everything should be explained. The Trustee is not going to help you with a question of law and this appears to be legal advice you're seeking. Whether the taxes are paid inside or outside the plan usually depends if you're in arrears (owe back taxes), which you appear to be behind. If you didn't inform your attorney of this earlier, then he'll need to modify the plan. Also, on what grounds did the bank ask for relief from stay? Was it simply for non-payment, adequate protection, or lack of hazard insurance?

While it's not my job to sit here and be a Monday-morning quarterback, I think that perhaps both you and your attorney made some miscalculations. You can generally deal with these even though the creditor filed for relief.

BTW, I don't know what this "Intent to Pay" thing is???

[charmd]

Thanks for your response-
My husband just got off the phone with our attorney- funny how when I call not there but he calls one time and gets through.
Anyways, the attorney said that the Relief from Automatic Stay is continued until January 25th when they are going to give him the repayment options for me over the next 6 months so I am just saving my back payments for now and making the correct monthly payments.

The attorney said the taxes are included and he contacted the Trustee to confirm this- the Intent to Pay is what I got from the court after the plan was confirmed and the property tax is listed outside of the plan- he said I won't get anything else from the court or trustee, but it is in there as being paid by the plan. I am going to call the County Tax Office and let them know so maybe they will contact the Trustee.

He also said that the Trustee normally pays secured things first with interest, but the back mortgage payments are listed as not being paid yet. He said it is up to the trustee as how to pay and it will all get paid in the end.

I would just feel better having the court send me something regarding the back property tax. I am paying way to much not to have it included since I am only paying back 3% to unsecured.
.

[Nicollette]

BTW, I don't know what this "Intent to Pay" thing is???

"Intent to pay claims." I received one of these letters shortly after the bar date of filing claims.

[justbroke]

I love how the procedures are not the same in every District.