Received Motion For Relief From Stay Today

[tleeburks]

Please Help. I received this today on my birthday too. Thanks alot.

I received a Motion for Relief from stay from my mortgage company's lawyer. In short it states that we are in arrears as of 11 Jan 2006 for $3,088.35 which I know we are and it is worked into the chap 13 payment that we pay every month. It is taken from my pay every week. It is also listed on the 13datacenter.com website. It shows that we are in arrears for 4700.00 dollars but that website sometimes has stuff wrong. Anyway. My heart just sank when I opened it up. What does this mean. Can we block it? I can't see my lawyer until Tuesday morning. Please Help. I'm gonna put this in a good hiding place and not tell the wife as long as I can until I get more info. Please Help. Please Help. I'll check back later for news. Thanks. What a great birthday surprise huh.

Terry

[bkfiler]

well happy birthday! you made it another year!

dont let this shitty little paper worry you on your birthday. your attorney will deal and explain what it means on tuesday.

if you are in a chap 13 payment plan and making payments then i wouldnt worry about it. of course you can call the trustee and even the attorney trying to life the stay as well and ask about it.

i cant really say what its about if you are in a approved plan. prob a mistake.

[StaciMM]

I've heard the trustee is not always quick about taking your payments as passing them along to the creditors. As long as you have been making payments as you agreed to, the motion will not be passed.

Your arrears is in the plan-what about your current payments? Are those in the plan or out? If you are making those on your own, be sure to keep them current. If they are in the plan, then of course you don't have to worry about that (as the trustee apparently can take as much time as he wants and no one can do anything about it).

When you do speak to your attorney, just confirm with him that what you have been paying is what you're supposed to...

[tleeburks]

That is what I have been worrying about all along, I have my pay garnished since November and the trustee just sent a payment of 1327.00 on the 1st of Jan. 1029.00 is for original payment and the rest is for arrearage. I knew if he took his time it would bite me on the behind. Also, the only the besides the house (recently) that he paid was the van to a low life dealer. I also have a truck through a more reputable company and there has not been a payment sent to them yet. My balance in my account at the trustees office is over 1,000 that is just sitting there. I don't get it. I understand I caused this problem and now I am paying for it through my salary each week. How can they just sit on my money, earning interest and not send it out regularly? If my wife finds out about this latest development I'm a dead man. I'll keep in touch. Thanks for the advice, anyone have anymore helping words, feel free. I knew something was gonna happen today on my birthday. Take care all

Terry

[bkfiler]

its all the trustees dealings. you are keeping you end up. why worry about it.

just check up on it and see whats going on. other then that tell the wife things are going as normal, cuz they all do that to some degree or another.

[StaciMM]

I've heard that the trustee sometimes doesn't seen payments til the plan is confirmed, and that can often take several months...

In the end, the trustee rules. He is certainly NOT going to rule that he is slow to send payments.

[tleeburks]

On that website that I sent you to it should say that the bk has been confirmed. The lawyer told me that it got confirmed I believe sometime in December. I also asked her if the arrearage would increase since the trustee has not paid as of our previous meeting and she said no.

Terry

[robivi3]

Not to alarm you but Motion for relief is VERY serious and will likely be granted. This is a deadly serious issue where your mortgage is concerned. Do not panic but jump on this first thing Monday. The Mortgage Company has already engaged the Attorney. We were recorded 30 days behind on our Mortgage but it was paid on the 16th (now I'm 3 months ahead, thankfully) because Chase had batted our payment to several offices (a BK mixup), they deal very poorly with folks in BK. Finally the dots were connected, the late payment removed, motion vacated but the Attorney fees stood.

If you have to take the letter physically to the Trustee, do so. Leave no originals. Call the BK Office for the Mortgage Co. Monday, I can tell you they will not talk to you, nor will the Attorneys for the Company but you may luck out. Your Attorney may deal with this depending on your current relationship (if he is still engaged), costs for the hearing will likely be extra. This is a dead serious issue, do not treat this lightly.

Courts are closed Monday in most areas for MLK's birthday. Your Attorney may be open, the Trustee may also be open, some Mortgage Companies will be open.

If you deal with Chase you will deal with Codillus and Stowiarski, schysters extrodinaire.

TL, you have to accept it for what it is. It is a nightmarish paper to recieve. Not to get mushy but your feelings are normal and you need to vent or rant. Just come here to do it, do it even if it seems pointless, you feel like you said to much, you will need a way to vent while you pass the next few weeks. Feel utterly free to do it here, type like hell, get angry, mispell words, whatever. Our wishes are for your best outcome and you have a sympathetic group.

Try and take the edge off for the weekend, see a movie, sit through it twice. Many years ago, MANY, MANY that is, Terminator got me through one bad time. I've loved that flick since that time.

BEEN THERE, HAD NO ONE, NEVER AGAIN.

[Minnymouth]

Robivi3 and the others are correct,
You need to contact your attorney and Trustee regarding this issue..... If the Trustee is late making payments to the creditors - the Motion will not be granted - the Trustee does things WHEN HE WANTS TOO...... he will not be pressured by any creditor..... and the Court normally will side with the Trustee....

Since you are already in a Chapter 13 payment plan you are doing WHAT YOUR ARE SUPPOSED TOO DO......

But do not let this go - act on it as soon as possible and let the Trustee handle it.......

Keep us posted,