Sister filed Ch 13 to save house while creditor piddled around

[freshstart4me]

I got my discharge papers over the July 4th holiday. However, the creditor to reaffirm the house wouldn't sign a reaffirmation agreement in May. My sister who is a co-signer on the house and loves this house by the way filed a Chapter 13 pro-se on June 2.

Her 341 is tomorrow morning. Her only secured debt if the house, and has less than $22,000 in unsecured debt. We both went to an attorney last week to get her one b/c they say you have to have one. The attorney told us this was the first time he was ever going to say this, but that she didn't need one. The paperwork was correct, the plan was overfunded, etc. Save your money and start getting your confirmation order ready for your confirmation hearing. He thinks her case is going to be that easy, but if you need me, I'm here.

The creditor on the house has ignored the automatic stay and has continued to contact me, but I contacted an attorney for myself and he told me not to not contact him b/c I am legally discharged of the debt and it is between my sister and him now.

The trustee is not a very nice person about pro se debtors. We cannot find an attorney who will take the payments through the plan. She is making the filing fee payment in installments and that specifically prohibits her from paying an attorney. One wanted her to make to get two money orders for $500 and make them out to the Chapter 13 Trustee, but pay them to him so that he could see he was going to get his money. He would forward the payments to the Trustee himself. We are on our own I guess.

What should she do if he (the creditor) shows up at her 341? Can she request a continuance of her 341 if she is uncomfortable or feels cornered and would the guidance of an attorney? The attorney who said to save your money spent over 1 hour with her and said that it should be fine.

Any ideas or thoughts? I feel like I am going through my 341 again.

[lrprn]

Since your sister's 341 meeting is tomorrow and a bk lawyer thinks everything is in order, I'd wait to see what happens during the meeting. Might be fretting over nothing.

No matter what happens, DO NOT contact the creditor for the house yourself. The lawyer you spoke with is correct - since you are discharged, this is now between the creditor and your sister.

And if you think the mortage company is going to be helpful, please keep in mind that these days, mortgage companies are regularly employing unethical tactics that would make the worst collection agency proud. They will promise exactly what you want to hear then not follow through in order to pile on the $$s any way possible or do their best to set up a foreclosure. Most of the time what they do is evil but perfectly legal. DON'T CONTACT HIM! (my humble opinion - I'm not a lawyer, just a well-informed bk consumer who filed Ch 13 and now is being scammed by our never-had-a-single-problem-for-20-years mortgage company)

[freshstart4me]

Since your sister's 341 meeting is tomorrow and a bk lawyer thinks everything is in order, I'd wait to see what happens during the meeting. Might be fretting over nothing.

No matter what happens, DO NOT contact the creditor for the house yourself. The lawyer you spoke with is correct - since you are discharged, this is now between the creditor and your sister.

And if you think the mortage company is going to be helpful, please keep in mind that these days, mortgage companies are regularly employing unethical tactics that would make the worst collection agency proud. They will promise exactly what you want to hear then not follow through in order to pile on the $$s any way possible or do their best to set up a foreclosure. Most of the time what they do is evil but perfectly legal. DON'T CONTACT HIM! (my humble opinion - I'm not a lawyer, just a well-informed bk consumer who filed Ch 13 and now is being scammed by our never-had-a-single-problem-for-20-years mortgage company)

Trustee said my sister was behind on her mortgage for June, behind on her trustee payment. She filed 6/2/06. Her first plan payment is due 7/19. The attorney said everything was in order, but the trustee she is going to be hard to confirm. Highly recommended her to get an attorney and said she is going to have a hard time getting an attorney b/c of the difficulty in getting her case confirmed. What the @#@#$?

[lrprn]

If your sister filed Ch 13 on June 2, her first payment to the trustee was due within 30 days of filing. Why did she think her payment to the trustee wasn't due until 7/19? Was she behind on her mortgage payment for June? If she was, she should have included it in her Ch 13 plan.

If her attorney looked things over and said her forms were fine before she filed, sounds to me like it's time for your sister to consult with another bankruptcy attorney or two immediately.