Chapter 13 refi

[justin08]

Can anyone provide a sample of what type of letter they wrote to petition the courts to refinance. I have a client that is pro se and is not sure how to work their request. Any help is appreciated

Thanks in advance!

[HHM]

He doesn't really need a letter (at this stage), he needs to pick-up the phone and call the chapter 13 trustees' office and find out what the trustee wants.

Sounds like you are on the other end of the transactions, the mortgage agent, and looking for the commission, but generally speaking, using a refi to finance out of a chapter 13 is an UNsound financial decision. Also, if this person is a "new law" chapter 13, they could be sailing into uncharted waters regarding how much they would have to pay to get out of the chapter 13.

[jgarton244]

We refinanced during our BK plan. First we found a Bank that handled FHA mortgages. We filled out all the applications, filed all the needed paperwork until final approval for the loan was a letter from the trustee allowing us to incur this new debt. Our attorney basically wrote to the trustee that the refinance was in our best interest by lowering our payment, and eliminating an upcoming baloon payment that would be due in one year on our current mortgage. A letter to the trustee asking for a letter of permission, explaining the benefits of refi would probably be sufficient.