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Paying laywer tomorrow...Full of Questions..

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    Paying laywer tomorrow...Full of Questions..

    My mortgage company is saying since I am behind that I must make 2 payments in order for them to accept any payments. I am paying the lawyer the $$ tomorrow to get the ball rolling and proceed with the 13.

    Big question though is how do I go about paying since last time I took them a months payment and they sent the dang $$ back to me in a check which I then deposited to my account. I always take the payments into the branch but I don't want them to send it back to me again like last time.

    Does the laywer have to call them to get this straightened out?

    Another thing is that my utilities are facing a disconnection soon if we don't pay. Does the laywer have to call to let them know I have filed to avoid the disconnection. I also read somewhere on here that I would be required to pay a deposit to them. Do they bill me for the deposit or how does that work? I could pay one of them but then that would push me filing back another couple of weeks.

    Should I do that debt course online today? Anyone have any recommended sites to do it through?

    One more question...I believe there's another debt out there that I had previously received but it's not on my report yet. Can we add that if it would happen to pop up on the report. I can't find anything that I had received in the mail right now to add it and I have no idea what company it was with.

    #2
    Originally posted by WantOuttaDebt View Post
    My mortgage company is saying since I am behind that I must make 2 payments in order for them to accept any payments. I am paying the lawyer the $$ tomorrow to get the ball rolling and proceed with the 13.

    Big question though is how do I go about paying since last time I took them a months payment and they sent the dang $$ back to me in a check which I then deposited to my account. I always take the payments into the branch but I don't want them to send it back to me again like last time.

    Does the laywer have to call them to get this straightened out?

    Another thing is that my utilities are facing a disconnection soon if we don't pay. Does the laywer have to call to let them know I have filed to avoid the disconnection. I also read somewhere on here that I would be required to pay a deposit to them. Do they bill me for the deposit or how does that work? I could pay one of them but then that would push me filing back another couple of weeks.

    Should I do that debt course online today? Anyone have any recommended sites to do it through?

    One more question...I believe there's another debt out there that I had previously received but it's not on my report yet. Can we add that if it would happen to pop up on the report. I can't find anything that I had received in the mail right now to add it and I have no idea what company it was with.
    I'm pretty sure that you have to be current on your mortgage payments before you file in order to keep your home. And I don't think your utilities are protected in bankruptcy.
    In other words you can't continue to receive utility services without paying the bills.
    Your attorney will probably tell you that if you can't have your mortgage payments current by the time he files your case and you can't afford to catch up quickly on your utilities, you should consider surrendering the house in the bankruptcy. Not sure...but, I think I'm right.
    Good Luck!

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      #3
      Well, chucksherm, I think you are half right. If you file a CH 7 then you have to be current on the mortgage. If you file a CH 13 wage earner plan, then you can make arrangement for the arreage on the house payment.

      As to the utility payments, if you file the pre-petition arreage can be discharged and the post petition payments must be made on time. See this link:
      If you are facing a utility shutoff, and you file bankruptcy, the Automatic Stay imposed by the bankruptcy court will prevent the utility company from shutting off your service. The amount you owe the utility prior to your filing date will be discharged in the bankruptcy.

      Of course you will be responsible for paying all of the utility charges that are incurred after the filing date. In addition, the utility company can require you to pay a deposit in order to continue service. Often they will allow you 20 days to come up with the deposit. If you do not pay the deposit in the allowed time, they will then shut off your service.

      The deposit you pay them is not applied to your past due balance, but is instead used as a credit. You have the right to get back the deposit when you no longer use their services, or after an appropriate time of showing them that you can remain current on your payments.

      http://www.************************/...-your-shutoff/
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment

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