Good morning, everyone. I'm currently representing myself in a Chapter 13 Plan after letting go of my counsel and not being able to afford new counsel at this time. Due to medical issues, legally and on paper, I should not be representing myself, but here we are. I have a small support circle that is helping me uncover the basics of my Chapter 13 Plan. As we are in the beginning stages of reviewing the bankruptcy filing history, there have been several "uh-oh"s uncovered (totally separate from the reasons I let go of counsel). What's been uncovered is very hard to swallow. Below are several questions I have in hopes that I could get some guidance/feedback/wisdom/suggestions. I am a Bucks County, PA resident whose case is with the Eastern District Bankruptcy Court in Philadelphia. I also have sole member LLC separate from this personal bankruptcy that owns investment property (non performing, no rental income, as each property is uninhabitable at this time). I thank you for your time and commitment in advance, truly.
1) I now have a Pacer account and was wondering where do I find the entire list of creditors who filed claims?
2) During hearing, Judge read off some creditors that I am not familiar with and she mentioned some figures filed be these creditors that absolutely did not make sense to me. Numbers seemed way too high. How do I find this information to review for myself?
3) How do I know which creditors are being paid and which ones aren’t? On the actual Amended Plan dated for 6/15/23, there are only very little creditors mentioned, but the complete list of creditors that I know I owe are not shown on the Plan.
4) If a commercial mortgage lender for a property in LLC name files a claim in personal bankruptcy, what happens next? Can that lender go on and file foreclosure even if made a claim in my bankruptcy? Does that lender have to request a Motion of Relief just like 2nd commercial mortgage lender was instructed to by my former counsel? Before letting go of former counsel, he mentioned that the lender most likely went after my LLC and not me personally although this lender made a claim in my bankruptcy.
5) We came across the following insert in the Amended Chapter 13 Plan and this is for 2nd commercial lender for a defaulted mortgage against my sole member LLC. There are 2 investment properties that the below language pertains to. Please see below...
If "None" is checked, the rest of § 4(e) need not be completed.
*** If this is in fact true that there was an automatic stay in place (lenders requested Motion of Relief in January 2023 and this Plan that lender is listed in was amended for June 2023, can the lenders take foreclosure action anyway before the automatic stay terminated? This is confusing since same lender requested Motion of Relief months prior. The lender since assigned all mortgage matters and documents to my 2nd position lender on the same property, which he now holds and is wanting to see what I'd like to do with property.
6) There's another commercial lender that I really wanted to have included in the Chapter 13 to save this property, but former counsel said February 2023 that my loan matured with this particular lender and that I'd have to show an additional $2K in income and increase Trustee payments by same amount to include this lender. Just found out about 1 week ago from lender that my loan has not matured and won't until 2026 and that the only reason that they are looking for full payment is due to the fact that I'm 18 months behind on payments. When I sought to include lender in Plan February of 2023, I was approaching 6/7 months past due in payments that I was hoping to catch up on in Chapter 13 Plan. The problem is, I was misled by attorney in that I thought the loan matured and that there was no other recourse. Former counsel had me communicate directly with this lender, and maybe things would have turned out better if attorney communicated with lender directly. Lender had told me since last year that the only recourse was to sell the property and he's still giving me that option even now. This lender did file a claim as well in my bankruptcy.
I know this is a long one, and thank you for your patience and reading this ahead.
Bankruptcy Judge has suggested that I amend my Bankruptcy Plan. I just don't even know where to start because this is all new to me and cognitively, it scrambles my senses and leaves me one confused, anxious mess. I do have a free consultation meeting coming up with an attorney to see how much he'd be willing to help me file a new Plan.
1) I now have a Pacer account and was wondering where do I find the entire list of creditors who filed claims?
2) During hearing, Judge read off some creditors that I am not familiar with and she mentioned some figures filed be these creditors that absolutely did not make sense to me. Numbers seemed way too high. How do I find this information to review for myself?
3) How do I know which creditors are being paid and which ones aren’t? On the actual Amended Plan dated for 6/15/23, there are only very little creditors mentioned, but the complete list of creditors that I know I owe are not shown on the Plan.
4) If a commercial mortgage lender for a property in LLC name files a claim in personal bankruptcy, what happens next? Can that lender go on and file foreclosure even if made a claim in my bankruptcy? Does that lender have to request a Motion of Relief just like 2nd commercial mortgage lender was instructed to by my former counsel? Before letting go of former counsel, he mentioned that the lender most likely went after my LLC and not me personally although this lender made a claim in my bankruptcy.
5) We came across the following insert in the Amended Chapter 13 Plan and this is for 2nd commercial lender for a defaulted mortgage against my sole member LLC. There are 2 investment properties that the below language pertains to. Please see below...
If "None" is checked, the rest of § 4(e) need not be completed.
- Debtor elects to surrender the secured property listed below that secures the creditor's claim.
- The automatic stay under 11 U.S.C. § 362(a) and 1301(a) with respect to the secured property terminates upon confirmation of the Plan.
- The Trustee shall make no payments to the creditors listed below on their secured claims.*** What if I never agreed to surrending my real estate to this lender? Isn't someone supposed to discuss this action with me directly or not? Also, the Plan lists a property that the lenders fraudulently filed a deed in lieu of foreclosure on in September 2022, well before I even filed for bankruptcy (November 2022) and these same lenders sold this same property April 2023, after filing for Motion of Relief in January 2023 and prior to this Amended Plan of June 2023.
*** If this is in fact true that there was an automatic stay in place (lenders requested Motion of Relief in January 2023 and this Plan that lender is listed in was amended for June 2023, can the lenders take foreclosure action anyway before the automatic stay terminated? This is confusing since same lender requested Motion of Relief months prior. The lender since assigned all mortgage matters and documents to my 2nd position lender on the same property, which he now holds and is wanting to see what I'd like to do with property.
6) There's another commercial lender that I really wanted to have included in the Chapter 13 to save this property, but former counsel said February 2023 that my loan matured with this particular lender and that I'd have to show an additional $2K in income and increase Trustee payments by same amount to include this lender. Just found out about 1 week ago from lender that my loan has not matured and won't until 2026 and that the only reason that they are looking for full payment is due to the fact that I'm 18 months behind on payments. When I sought to include lender in Plan February of 2023, I was approaching 6/7 months past due in payments that I was hoping to catch up on in Chapter 13 Plan. The problem is, I was misled by attorney in that I thought the loan matured and that there was no other recourse. Former counsel had me communicate directly with this lender, and maybe things would have turned out better if attorney communicated with lender directly. Lender had told me since last year that the only recourse was to sell the property and he's still giving me that option even now. This lender did file a claim as well in my bankruptcy.
I know this is a long one, and thank you for your patience and reading this ahead.
Bankruptcy Judge has suggested that I amend my Bankruptcy Plan. I just don't even know where to start because this is all new to me and cognitively, it scrambles my senses and leaves me one confused, anxious mess. I do have a free consultation meeting coming up with an attorney to see how much he'd be willing to help me file a new Plan.
Comment