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    We don't understand letter we received

    We filed in August 2007 chapter13
    2nd lien holder filed motion for relief of stay claiming we owe one more month, and payments they have not received from Trustee in Sept., Oct., and Nov.
    Today we received a letter from the Trustee stating
    Response to motion for relief from the automatic stay filed.
    That the Trustee comes now and for her response to the motion herein states as follows:
    1. That she admits the averments in paragraphs 1,3, and 5 of said motion.
    2. That she has insufficient information to either admit or deny the remaining averments in
    said motion except as stated below.

    FURTHER RESPONDING the trustee states that:
    A. per the Debtors proposed unconfirmed plan the on-going mortgage payments
    will be paid by the trustee through the chap. 13 plan in such amount. As well of
    arrearages of such amount at 8% interest per the Movants' amended proof of
    claim.
    B. The case was filed August, 2007. As this date the Trustee has posted such
    amount to the Debtors' account paid by money orders and by payroll deduction.
    C. As of this date, the Trustee has disbursed such amount to the Movants for 4
    post petition mortgage payments and has sufficient funds on hand to bring the
    post petition mortgage current per the proposed plan.

    WHEREFORE, having fully answered, the Trustee prays the Court to grant such relief as may be meet and just under circumstances. Further the Trustee requests that no agreed order be submitted for filing without the signature of the Trustee or her attorney.

    We do not fully understand this letter? Does it mean that the motion will not be granted? And will there still be a hearing? Do we still have to worry about losing our house? And why would the trustee say no more orders filed without her sigature? Anybody that could help us understand this, we would greatly appreciate it.

    #2
    Couple of questions first...which of your assets is the second lien holder attached to? Is your trustee paying off the month in arrears or the entire lien amount inside your Ch 13 plan? Are you responsible for paying the second lien holder anything?

    Most importantly, what does your lawyer say this means? If you received this letter in the mail, he/she did too.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      trustee letter on motion to lift stay

      Originally posted by lrprn View Post
      Couple of questions first...which of your assets is the second lien holder attached to? Is your trustee paying off the month in arrears or the entire lien amount inside your Ch 13 plan? Are you responsible for paying the second lien holder anything?

      Most importantly, what does your lawyer say this means? If you received this letter in the mail, he/she did too.

      1st. The asset is the house we live in, the second lien is the people we bought the house from.
      2nd. Trustee is paying off the arrearages[mostly lawyer fees] and the lien amount for the 5 years we are in chapter 13 plan. [Lien with them is for 10 years].
      3rd. We put them in the plan so Trustee will make the payments for us to better manage our money for us.
      4th. Lawyer seems to be Very Busy and never calls back.

      Any information on the Trustee letter will be appreciated. Thank You in advance.

      Comment

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