I will make this as short as possible and will try to provide all the information that is pertinent.
On January 8 - The trustee filed a motion to dismiss my CH13 100% plan based on a pre-petition arrearage on my 2nd mortgage. The arrearage was $500. We filed in the beginning of October 2012 and the October payment hadn't posted yet, and there were some previous fees that I was unaware of - They weren't showing as past due on the statements.
My attorney responded within a couple of weeks, a hearing was set, but we came to an agreement with the trustee that we would file a motion to modify the plan and did so on 4/29/13. The motion was to modify the plan to pay the 2nd in full through the plan (As it stands now, I have 8 years left on this loan). The modified plan asked that this be treated as unsecured - but to be paid back 100%. Neither the trustee or lender objected-however the judge denied the modification on 6/3/13.
After the judge denied the modification, my attorney stated that he strongly disagreed with the decision and was formulating a reply. He then became harder and harder to get a hold of. Finally at the beginning of this month I got a hold of him after numerous requests for an update on the status of the response and to see if I should be making payments directly to the lender again. He replied via email and said I should only need to make 1 payment at that point.
I tried calling him after that point and was notified he was no longer with the firm. I spoke to my (former) attorney in detail. And he did leave the firm amicably. And he stated that I probably would be able to bring the account current - that we fulfilled our obligation by submitting the request to modify and didnt feel any further action would be taken by the trustee.
I signed the form to change counsel to a founding member of the firm. And was told I would hear from him in a few weeks, but that he was brought up to speed on my case.
Now on 8/2 the trustee filed another motion to dismiss the case based on the initial arrearage. I made one payment that should post today and can make 2 more Friday to cover payments that were due since the denial of our modification. But that only covers through May. My plan was to be prepared to be current (Less the initial arrearage) by the end of September. I can make payments to at least cover the missed payments after our original motion immediately.
I have left a message and sent an email to the new attorney. I have yet to speak to him or communicate to him. So I am concerned about the unknown.
What else can I or should I do at this point? I am in full panic mode. I want this issue behind me.
Thanks
On January 8 - The trustee filed a motion to dismiss my CH13 100% plan based on a pre-petition arrearage on my 2nd mortgage. The arrearage was $500. We filed in the beginning of October 2012 and the October payment hadn't posted yet, and there were some previous fees that I was unaware of - They weren't showing as past due on the statements.
My attorney responded within a couple of weeks, a hearing was set, but we came to an agreement with the trustee that we would file a motion to modify the plan and did so on 4/29/13. The motion was to modify the plan to pay the 2nd in full through the plan (As it stands now, I have 8 years left on this loan). The modified plan asked that this be treated as unsecured - but to be paid back 100%. Neither the trustee or lender objected-however the judge denied the modification on 6/3/13.
After the judge denied the modification, my attorney stated that he strongly disagreed with the decision and was formulating a reply. He then became harder and harder to get a hold of. Finally at the beginning of this month I got a hold of him after numerous requests for an update on the status of the response and to see if I should be making payments directly to the lender again. He replied via email and said I should only need to make 1 payment at that point.
I tried calling him after that point and was notified he was no longer with the firm. I spoke to my (former) attorney in detail. And he did leave the firm amicably. And he stated that I probably would be able to bring the account current - that we fulfilled our obligation by submitting the request to modify and didnt feel any further action would be taken by the trustee.
I signed the form to change counsel to a founding member of the firm. And was told I would hear from him in a few weeks, but that he was brought up to speed on my case.
Now on 8/2 the trustee filed another motion to dismiss the case based on the initial arrearage. I made one payment that should post today and can make 2 more Friday to cover payments that were due since the denial of our modification. But that only covers through May. My plan was to be prepared to be current (Less the initial arrearage) by the end of September. I can make payments to at least cover the missed payments after our original motion immediately.
I have left a message and sent an email to the new attorney. I have yet to speak to him or communicate to him. So I am concerned about the unknown.
What else can I or should I do at this point? I am in full panic mode. I want this issue behind me.
Thanks
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