Couple of questions.

[grnclvrs]

My plan was confirmed for 100% repayment to unsecured creditors (credit cards and student loans) and surrender collateral to secured creditors (first and second on the house). None of the unsecured creditors' claims are showing up on the trustwin website. During the confirmation the judge lowered the number of my payments from 60 to 57 at the same payment I was making. What happens to the extra money that I pay? Does the trustee pay the credit cards anyway even though they never filed a claim?

Last week I got a call from the first mortgage company saying that they were excluded from the bankruptcy (even though my confirmation order says otherwise) and that they were trying to collect the debt. I told them that there was no debt as it was part of the bankruptcy and it was confirmed. They started asking confusing, leading questions and I told them to get bent and talk to my attorney in the future. Is it possible that they got an order excluding them from the bankruptcy prior to confirmation and I didn't get notified? If they did get excluded, what does that mean since the confirmation shows them as settled?

[enginegirl]

If they did not file by the bar date and you can prove that notice was sent to them then they SOL.... I am not sure about the mortgage company... were you able to check on PACER to see if anything was ever filed?? Have you been able to talk to your atty yet???

[newbie2]

You need to let your attorney know about that phone call. You don't say when you filed, but it sounds like the bar date for claims has passed. Since you surrendered the house, all they can do is foreclose NOT collect unless they filed a claim. They absolutely should not be contacting you about anything, with the exception of foreclosure notices via normal Florida procedures.

[grnclvrs]

It gets better. I just got a notice from mortgage company's attorney saying they are petitioning for a summary judgment, followed 3 days later by a notice of cancellation of hearing. Then today. I got another letter from them showing that an affidavit of indebtedness has been filed in Orange County, California on behalf of Wells Fargo (I'm in FL and have never dealt with Wells Fargo). I'm going out of town for a week and haven't had a chance to meet with my attorney. Is this normal? Will the mortgage company go ahead with foreclosure even though the terms of my confirmed plan are to surrender the property to them?

[newbie2]

The foreclosure process is normal. They cannot try to collect on the debt from you, but in order to get the house back legally they have to follow the foreclosure proceedings that are in place.

[walkthaplank]

There is no reason for your mortgage company to contact you directly regarding your debt with them. Contact your lawyer about this immediately.

With regards to paying claims, the only claims that will be paid are those filed before the claims bar date. This includes the banks holding your mortgage.

If you want to see all of the paperwork for your case, search this forum about accessing PACER. Look up your docket report and see exactly who has filed what in regards to your case. You can even look up claims that have been filed.

Good luck, don't be afraid to be aggressive with your mortgage bank if they contact you again. Even if they have gotten a relief from the automatic stay, they can't call you to collect anything, they can only continue with foreclosure proceedings.