Frustration with Attorney on Ch 13...trying to get confirmed
Well, it is a long story, so I will try to summarize.
I filed Ch7 last Oct, got it discharged and then filed Ch13 in Feb 2011 to save my house. I have huge student loans and managed to 'rehab' one into a consolidation loan in which I pay and would continue to pay outside the payment plan. It seems that the large Student loan I have filed a claim and now the trustee, according to my attorney, wants it paid IN the payment plan, the whole thing....which is more than what is outstanding on my house. Here is my annoyance/frustration...
If I can't get this cleared up ASAP I will lose my house...I have 39 days left in a pregnancy and am trying to work at the same time, so time is precious.
I originally have an agreement(nulled at filing date of course) with the loan company to rehab the loan for $100/month (until I got it rolled into my Direct Consolidation--attempted before filing, but there was a mix up) also, I managed to get them to talk to me recently and asked if they wanted/cared whether they were paid inside the payment plan or outside of it...they said no and that no payments are due at this time. I asked for this in writing and they indicated that they didn't have anything that they could print and send me...but gave me the idea to use an email request. I sent that request to them and am awaiting a reply (which can take a few days). I know my attorney has a hearing on Thursday, July 28, and has waited till now to worry about this stuff, so of course it is very important that everything be done ASAP.
My question(s):
Is there another way to get the Student Loan debt paid outside of the payment plan OR can only a portion be added so the payment is not more than my house/arrearage payment?
Does anyone have any suggestions as to a course of action that could possibly be taken?
I am too far in to this process to change lawyers right now and my house was in foreclosure prior to filing, so if I withdraw the case and refile it would start up again. There is an option there due to the fact that I live in CT and I was in Mediation with the Mortgage company and they can't complete foreclosure until that has been concluded.
Thanks.
KZ
I filed Ch7 last Oct, got it discharged and then filed Ch13 in Feb 2011 to save my house. I have huge student loans and managed to 'rehab' one into a consolidation loan in which I pay and would continue to pay outside the payment plan. It seems that the large Student loan I have filed a claim and now the trustee, according to my attorney, wants it paid IN the payment plan, the whole thing....which is more than what is outstanding on my house. Here is my annoyance/frustration...
If I can't get this cleared up ASAP I will lose my house...I have 39 days left in a pregnancy and am trying to work at the same time, so time is precious.
I originally have an agreement(nulled at filing date of course) with the loan company to rehab the loan for $100/month (until I got it rolled into my Direct Consolidation--attempted before filing, but there was a mix up) also, I managed to get them to talk to me recently and asked if they wanted/cared whether they were paid inside the payment plan or outside of it...they said no and that no payments are due at this time. I asked for this in writing and they indicated that they didn't have anything that they could print and send me...but gave me the idea to use an email request. I sent that request to them and am awaiting a reply (which can take a few days). I know my attorney has a hearing on Thursday, July 28, and has waited till now to worry about this stuff, so of course it is very important that everything be done ASAP.
My question(s):
Is there another way to get the Student Loan debt paid outside of the payment plan OR can only a portion be added so the payment is not more than my house/arrearage payment?
Does anyone have any suggestions as to a course of action that could possibly be taken?
I am too far in to this process to change lawyers right now and my house was in foreclosure prior to filing, so if I withdraw the case and refile it would start up again. There is an option there due to the fact that I live in CT and I was in Mediation with the Mortgage company and they can't complete foreclosure until that has been concluded.
Thanks.
KZ
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