Just a little vent

[Lajazz947]

OK, so my NEXT 341 hearing is April 15th.

I completed everything and am ready to turn in the next round of what the TT wanted.

The issues my attorney sees is them disallowing my mortgage because I have had to pay the minimum with negative amortization this year. he's going to argue that this would be taking away money from a secured creditor and giving it to an unsecured and that I am contractually bound to pay the fully amortized amount but have not been able to.

Them disallowing my one time purchase of a car for my business as a one time expense and instead making me ammortize over 36 months. He's going to argue that I could nto get credit in my condition and had to borrow from a friend and pay him one time payment.

and

Disallowing my taxes which I did not pay but now owe to the Fed's on a payment plan next year. Same argument as my house.

They have to disallow all of them to throw me into a 13 and the TT seems reasonable but at least my attorney is an SOB who will fight for me.

The silver lining is that taxes are a priority claim and a 13 might go to just pay taxes anyway which I know I have to pay.

Wish me luck and thanks to all here.

[albacore44]

holy crap............can they do all that. help me understand the mortgage deal, i never thought they could dis allow paying a secured creditor to pay a unsecured. Both my mortgages are int. only option, no neg amortazation, and of course i'm only paying the int only untill the adjustment happens in a few years. can the trustee force you to give up your house if they think you can't afford it then force you into a ch13 to repay your unsecured ??

[AngelinaCatHub]

LaJazz, I thought you where wrapped up by now. Missed seeing you around. I don't know too many other folks who have had your kind of problems except for me. Get you SOB lawyer on the stick as you are C7 meat, not 13 rich. 'Hub

[Lajazz947]

LaJazz, I thought you where wrapped up by now. Missed seeing you around. I don't know too many other folks who have had your kind of problems except for me. Get you SOB lawyer on the stick as you are C7 meat, not 13 rich. 'Hub

Oh yeah, I am not through yet.

We had to amend and that took one more month.

I have calculated all the scenarios and feel ok, just exausted.

On top of this the IRS is auditing my business expenses from 2006 but I have all they need. Its just more BS not bto mention my lawsuit against that creep that stole my $222,000 in a ponzi scheme.

Im gonna get them all though. As they say in sports, " ya gotta believe".

[Lajazz947]

holy crap............can they do all that. help me understand the mortgage deal, i never thought they could dis allow paying a secured creditor to pay a unsecured. Both my mortgages are int. only option, no neg amortazation, and of course i'm only paying the int only untill the adjustment happens in a few years. can the trustee force you to give up your house if they think you can't afford it then force you into a ch13 to repay your unsecured ??

That was news to me although I found case law supporting my argument.

Check with your attorney to avoid surprises though.

Good luck.