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    3 weeks until deadline

    for claims to be filed, and my mortgage company still has not filed a claim.

    What's up with that???

    How do I get them to do so?

    My understanding is if they don't file a claim, they will get no money. (mortgage to be paid inside the Ch13)

    #2
    With or without a claim, they own your mortgage. You cannot get a free house if they do not claim. Best advice of course is your lawyer, but I hate that answer. Contact them and level with them and if you can, get an agreement to work out a lower payment. Sorry I can do no more than this. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      It depends on whether or not you are behind on your payments. The you need to pay them inside the Ch. 13 the arrears. This would then allow you to make up what is past due, and not get a foreclosure.

      If your current, they wouldn't file a claim I suppose, because you are paying outside the plan, and your not behind.

      Like Hub said, you can't get a free house. You need to pay them one way or the other. If you have a 30 year mortgage and say 20 months left, and your plan is 5 years, it makes no sense for you to pay them in the plan while your in the plan.

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        #4
        Never fear. Three weeks in the bankruptcy world is an eternity. Chances are your mortgage company will file a claim before the 90-day period for creditors to file claims in Ch 13 ends.
        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

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          #5
          Your trustee will contact them if they have not filed claim by the bar date. They will get a letter that states that no funds will be distributed to them until they file their claim, but as it is a secured debt, you WILL pay them... this happened with my car. My financing company did not file a claim until after the bar date and my trustee sent them a letter to that effect and CC'd me and my attorney.
          Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
          Motion to Discharge: FILED!! 08/07/13
          60 down/0 to go \m/(*.*)\m/ 100% complete!

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