Did anyone have to prove......

[wooisme]

Has anyone out there prior to just being confirmed have to prove that their mortgage payments were current, home owner association dues current or any mandatory payment being current? like from post bankruptcy until just before confirmation? I'm being told this is a must before confirmation due to the new law.

it's not a problem, i'm current on them all..............i'm just curious to know if anyone else had to do this from the time they filed up until they were confirmed.

[HHM]

Let's establish the time line more clearly....

You DO NOT have to be current at the time you FILE your BK petition. After all, one of the purposes of a chapter 13 is to make-up missed payments on secured assets. However, you need to restart making your normal payments AFTER you file BK (assuming you want to keep the underlying assets.

For example...lets say your mortgage is due on the 1st of the month and your regular mortgage payment is $1,650 per month. And you have missed 3 months worth of payments. Also, let's say you want to keep the house, so you file chapter 13 on July 2nd. In order to keep your house, you would have to make your August 1st mortgage payment, on time, and for the regular amount due, $1,650 (granted, your chapter 13 plan would have to provide for payment of the 3 months of payments you missed, amount other things).

[wooisme]

I undertand all of that..........i was current when i filed bankruptcy.......my question WAS, in order to actually be confirmed, did anyone out there have to show proof that their mortgages were being paid while in the process of being confirmed.

Mine is in the final stages of being confirmed here. no objections, by creditors or trustee............but they want proof of mortgages being paid. the question is, did anyone else have to prove this before they were confirmed and is it unusual for this kind of request. that was my question.

[HHM]

No, you typically do not have to show proof...if you weren't current, your mortgage finance company would file an objection (or Motion to Lift Stay).

Who has requested that you demonstrate that you are current?

[wooisme]

the trustees office saying that they need proof my mortages were current or paid up to date, that the homeowners association dues were paid up to date and the student loan paid up to date. none of these things are in my plan. they said that it's a part of the new law.

[wooisme]

it's probably this trustee's office procedure though, i was told everything is fine, that this is part of the process. i was just wondering is anyone else had to do this.

[lrprn]

the trustees office saying that they need proof my mortages were current or paid up to date, that the homeowners association dues were paid up to date and the student loan paid up to date. none of these things are in my plan. they said that it's a part of the new law.

We filed Ch 13 a year ago under the new law and like you, we were current on everything you've listed. Our annual home association fee was paid plus we pay our mortgage and student loans outside our plan as well. Our Ch 13 trustee has never asked for documented proof for any of it.

Asking for this information is most likely your trustee's or district's preference - they can request this information or any other financially-related case information if they want it. However, after researching everywhere for information about changes forced by BAPCPA (the revised bk law) for the last year and a half, I haven't seen or heard about anything in the new law or case law decisions since Oct 2005 that mandates Ch 13 filers supplying this information. Also searching the forum, I can't find that any of our Ch 13 members being asked by their trustee to supply proof for any of this either.

[wooisme]

well, i think it's like you said, their practices........because when we went in back in march to sign an affidavit about our creditors that they had a question about and the fact that i used all the cards.....the lawyer said to me, while i'm thinking about it, i need to add a statement here that your making your mortgage notes ontime and your student loan and that there is NO child support! and every time we go to see him, even when we made the amended plan, he asked us again if our mortgages were current.

we did sign a paper in march though about this....so my thinking is it's normal for this trustee's office. I don't really care, i mean I am making all those payments i myself have no problem sending them all of that...........and I told them so on the phone when i asked if our plan was confirmed yet and the trustee caseworker told me......you have moved along in the process and everything is fine. the deadlines just expired and she was getting ready to send me out a letter asking for proof of mortage, homeowners association dues, student loan payments and the estimated quarterly taxes...wanting to make sure those were paid before they actually drew up the orders to be signed by the judge so that they can notify my husband's employer to take the money out of his pay.

she made it sound like it was routine. In any case I guess it doesn't matter if it's normal or not, the fact is they want it and if i want it confirmed i better damn well send it. which I am....i told her i would wait for her letter and she said to me, no no you can send this anytime hon, you don't have to wait for the letter..........she said she's been backed up and we just past the deadline and how they need to make very sure nothing comes in or we would have to wait yet again another 30days and that she's sure i understand that, which i do. anyway, i'm sending it all out tommorrow.

the thing that gets me really BURNED here is that during the 341 meeting the trustee distinctly said to me, that he wants to be kept up to date on my 1040-ES estimated quarterly taxes so that they are paid and to forward those to my lawyer when I send them and he will send them to me.

well, i sent two so far, aprils and june's and i had mentioned to the case worker that i had sent them in to my lawyer and she said they never got them. that burns me UP..............see i don't like that, i don't like loose ends like that, it makes me look like i'm hiding something. anyway, i'm sending them directly to her


thanks for letting me babble on and on about this. i want this thing DONE!

[wayne-o]

If you list your mortgage on your bankruptcy they are gonna know if ur current or not. My mortgage showed up to my 341. I am curious tho, people talk about making payments during the 13 and staying current etc. etc. My payment is included in the plan and the trustee makes it. Is this up to the trustee or the debtor, my lawyer told me we were including it in the plan and I didnt know any better so we did. Im actually glad its included in the plan cause I know it gets paid on time.

[wooisme]

that I don't know. I DO know that I was given the choice by the lawyer whether or not to have the student loan in the plan ....we both decided it was best not to since it was a very small amount each month ...so taht's outside of the plan, then we decided whether or not to have his car loan it it, and we do. so i would have to answer yes, the debtor does have a say in what gets listed into the plan.

As far as your mortgage being in the plan, do you mean your whole mortgage is in the plan or is it just mortage that is behind or what. I'm current in my mortgage, always have been....i'm one of the lucky ones.

yes i agree with them knowing whether or not the mortgage is current..but this is what they want...that and the student loan payments being proved and the HOA being proved. like i said, this is what they want...and if i want a confirmation that is what i have to do.

[wayne-o]

I had to list the whole amount of my mortgage in the plan, as you have to list ALL creditors. My payment is being made thru the plan and the arrears were caught up thru the plan.

[wooisme]

oh i see. that's good though that it's in the plan , at least you don't have to really worry about your mortgage being paid, etc. but i do know that you the debtor does have a say in what you include in the plan and what you don't...it's part of what we did with our lawyer.

[wayne-o]

it may depend on ur trustee, my attorney said the trustee would insist my payment be made thru payroll deduction instead of me paying it myself. I guess that part was good for me too. Never see the money, so I cant use it on anything else. I only have about 3 months to go

[wooisme]

it's the same with me, it has to come out of my husband's retirement....they have not started to take it out yet, they won't until it's confirmed..i'm still making the payments.

WONDERFUL....I'm sure your glad your almost done!!