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Trustee's report explained and "paying through"

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    #1

    Trustee's report explained and "paying through"

    Shortly after filing, our mortgage co. sent a letter saying I needed to call them and tell them what I was planning to do with the house. I sent it to my atty. and he said just keep paying anything I was planning on keeping (house and car). The thing on that letter that bothered my was that it said it would be treated and discharged if I did not reaffirm. At our 341 hearing, I asked both of the atty's in the office and they said just keep paying unless they keep after me. So far no more letters. Looked at the Trustee's report, and the amounts listed to be discharged is everything.

    My question, will the car/house get discharged and they will want it back or no since I am paying? I can post the docs. if anyone wants to see.
    Met with and retained atty - 10/28/09
    341 Hearing - 1/13/10
    Trustee's report of no distribution! - 1/19/10
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    #2
    Originally posted by AboutToSink View Post
    Shortly after filing, our mortgage co. sent a letter saying I needed to call them and tell them what I was planning to do with the house. I sent it to my atty. and he said just keep paying anything I was planning on keeping (house and car). The thing on that letter that bothered my was that it said it would be treated and discharged if I did not reaffirm. At our 341 hearing, I asked both of the atty's in the office and they said just keep paying unless they keep after me. So far no more letters. Looked at the Trustee's report, and the amounts listed to be discharged is everything.

    My question, will the car/house get discharged and they will want it back or no since I am paying? I can post the docs. if anyone wants to see.

    All the debt will be discharged in your bankruptcy unless you re-affirm the debt. So you can keep paying your auto and mortgage loans if you want to keep them...however they will not report to the credit bureaus unless you re-affirm the debt...

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      #3
      Please post the letters. I would love to see them.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        I'm almost ready to file my bk paperwork on 1/26, and I have a question similar to this. What is the timeline for filing the Statement of Intention and the Reaffirmation Agreement? (We want to keep our home and car/leased vehicle). Also, before I file, do I need to contact the mortgage company and determine their stance? I sort of need that to fill out the Statement of Intention (if you haven't guessed we are representing ourselves).

        Comment

          #5
          Originally posted by BigHairyPig View Post
          I'm almost ready to file my bk paperwork on 1/26, and I have a question similar to this. What is the timeline for filing the Statement of Intention and the Reaffirmation Agreement? (We want to keep our home and car/leased vehicle). Also, before I file, do I need to contact the mortgage company and determine their stance? I sort of need that to fill out the Statement of Intention (if you haven't guessed we are representing ourselves).
          The lender's stance is of no consequence.

          You file your Statement of Intent with the rest of your paperwork.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment

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