Received a letter from Trustee concerning the arrears on our mortgage

[cspa522]

Our Chapter 13 plan was confirmed last month, and part of our plan includes to have the arrears from our mortgage paid via the plan (our mortgage itself is outside the plan). We received the following letter last week. I have emailed our attorney twice with no response. Apparently she's on vacation (don't get me started on my dissatisfaction with the attorney since our plan was confirmed).

The confirmed plan in the above named case calls for the Trustee to make regular post-petition arrearage on the mortgage. When reviewing the case after confirmation, my staff discovered that the above named creditor has not filed a proof of claim. In order to assure payment of amounts due on the mortgage, you may want to file a claim on behalf of the creditor or ask the creditor to file a Proof of Claim. My office will hold in reserve the money available for disbursement to the mortgage holder until April 28, 2011, which is 30 days after the last date to file claims. If the case is dismissed before April 28, 2011, any money on hand will be disbursed according to the plan and the filed proofs of claim.

So I'm guessing what this is saying is that my mortgage company, Citimortgage, hasn't filed a claim for the amount of the arrears, and if they don't before April 28, they aren't going to get anything.

Is that correct? And should I pursue this or let it go?

Thanks!

--C

[despritfreya]

Yes, you should pursue it. This is one of the problems with confirming cases before the claims bar date passes. It appears that the claims bar date is around March 28th. You, as the debtor, have 30 days past the bar date to file a claim for a creditor.

Someone needs to get on the phone with the bk department at Citimortgage and get it to file a claim. If not, you will be filing one on its behalf and your claim will not be accurate.

Des.

[cspa522]

Yes, you should pursue it. This is one of the problems with confirming cases before the claims bar date passes. It appears that the claims bar date is around March 28th. You, as the debtor, have 30 days past the bar date to file a claim for a creditor.

Someone needs to get on the phone with the bk department at Citimortgage and get it to file a claim. If not, you will be filing one on its behalf and your claim will not be accurate.

Des.

Thanks. I figured as much. I'm just irritated because I think my attorney should be handling this, not me, and she's not responding to me at all. Guess I'm old news since my case is confirmed and she's got my money.