Objection to confirmation of plan

[lolly78]

Hi Everyone,

Well I checked PACER today and Bank of America has objected to the confirmation of my plan. They indicate that the plan provides zero to them from the trustee and that we had pre-petition arrears of $3,825.50. This is not true!

On PACER there is just one claim for the total secured amount, however on 13datacenter, there is a $3825 unsecured claim there. At the time I filed on 2-28, we hadn't paid the february mortgage yet. This was paid on March 7th. I was surprised that they didn't charge a late charge (usually about $65).

I called BAC today and they confirmed that they do no charge any late charges to customers in bankruptcy, and that as of today my mortgage is current.

So where is this $3825.50 coming from (my mortgage amount is $2100)? In addition, they have filed a motion to get attorney's cost of collection fees in the amount of $150. Really $150 lousy dollars?

In addition, my attorney is out of town for the next two weeks so he continued my confirmation hearing until the end of May. Will I see an update about this on PACER? I don't see it yet. If I don't see anything from the court before my original date should I just go to court?

I'm sad too because just about everyone has filed a claim with the exception of my student loans, $44K 2nd mortgage and my $23K personal loan. Guess they saw that 74%payout and jumped on it. Bummer.

[LadyInTheRed]

The continuance should show up on Pacer. Call your attorney's office and ask about it. If you don't get any confirmation of the continuance, I would suggest you go to the confirmation hearing and ask for a continuance.

In the meantime, gather your mortgage statements for the month you filed and the months before and after. If there are any payments missing from those statements, gather copies of bank statements or whatever records you have to prove you made the missing payment(s). That way, you'll be ready with documentation when your attorney returns.

The worse that will happen is that your plan will need to be modified to include the arrears and pay less to the unsecured creditors. It shouldn't change your plan payment unless you are paying 76% because you have non exempt assets you are keeping and have to pay for.

[justbroke]

Most creditors pay attention to the payout! When mine was listed as 0.02% (yes, 2/100ths of a percent), not many were filing. When the Trustee messed up and typed in 2%, the creditors started lining up! I also noticed that when I converted to a Chapter 7, the Chapter 7 Trustee did not immediately change my case to a "no asset" case. SO PACER showed it as an asset case and the creditors that only saw the 0.02% and 2.00% started filing claims! I had about $20K in "new" claims filed after conversion!

Too bad for them... I was a no asset Chapter 7.

I wouldn't be too worried about the objection. It seems that every mortgage creditor (bank) objects to confirmation for some reason. Mine didn't like my plan because I didn't have the exact amount of the arrears to the penny, although I objected to their claim because it was, in fact, wrong. I had payments going into suspense for some reason!

[BigJohn]

If a bank or creditor charges 'phooney' charges, they have to provide evidence of such a claim.

I asked my bank for an itemized billing. Of course that never arrives even though I sent my request by certified mail.