Late filing by Chase after claims bar date

[smkrishna]

OK. I thought I am out of all troubles from creditors. My claims bar date was 09/26/11. Only Discover($4k) and BofA($310) made claims. Today, I got a mail from an Attorney representing Chase informing me that they filed a petition for the pending amount on primary mortgage on my primary home.

Here is my situation:
I stopped making payments to my primary lender (Chase) on primary home from 1st November 2010 until I filed Ch.13 on 02/17/2011. The reason for me to stop making payments is the advice from my attorney who said that it will help me out while stripping the 2nd lien (as attorney doesn't want me to reduce the primary loan balance and stopped me from making payments). I started making payments again and Chase told me that it will be considered as post-petition payments and they will not count my payments as pre-petition payments (from 11/10 to 02/11). Chase also told me that the pending payment (around $6k for 4 months + attorney + admin. fee) is due from me only after discharge of my Ch.13.

But, now I went to Pacer (after receiving mail) and noticed that Chase has made a "Petition to allow Late claims" and attached my mortgage note and other documents.

As I have been staying in my primary home, I have been ready to pay the 4 months of mortgage (for 11/10 - 02/11) from the beginning. But, Chase didn't accept it and now, they made a late claim for that. I was unable to reach my attorney today. It's going to be a 10 minute hearing on 5th November 2011. What am I supposed to do on this?

Is my attorney supposed to take care of it? Did I do any mistake by not paying my primary mortgage for 4 months before my Ch.13 filing? Can I make out of court settlement($6k) to Chase with help from my wife and relatives? Let me know your expert opinion... Thanks in advance.

[LadyInTheRed]

I have no expert opinion, just an opinion based on what I've learned about bankruptcy from here, from my own attorney and from other sources.

Since you are keeping your home, all of the arrears on your first mortgage must be paid through the trustee during your Chap 13. It sounds like the value of your home was very close to the balance of your first mortgage, which is why your attorney told you to stop paying on your first mortgage before filing. He wanted to make sure that the balance of your first mortgage was higher than the value of your home. If the pre-petition arrears and related fees are all that is included in Chase's claim, those are amounts that should already be included in your plan payment.

There is nothing you should do about this except ask your attorney about the claim. Your attorney should handle everything, including objecting to the filing of a late claim if that is appropriate. But, since it is for arrears on a debt secured by an asset you are retaining, I doubt there is any point to objecting.

[smkrishna]

Thanks LadyInTheRed. I agree with you on the reason my attorney asked me not to pay before filing Ch.13.
a) But, I know that the pre-petition arrears and related fees are not included in the plan payment. Is it mistake from our part that we didn't include in our Ch.13 filing ?
b) My question is: Can I make the payment to Chase through outside help that I can receive?
c) Or Am I too much greedy in expecting my attorney to fight with the claim: "Can we object to the late claim by saying that claims bar date is 09/26 already over?"