top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Lots of questions... re: my 13

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Lots of questions... re: my 13

    We are 7 months into our 13 and have paid on time. The mortgage company once again has filed a lift of automatic stay.

    So...

    1. can I refinance just enough to pay the mortgage company their arrerages and dismiss - I do not have enough equity to do the full boat.

    2. why does 13data center say I have to pay back $38,126.83 with a 100% payback but on my summary it says I have to pay $58,020.00. I don't understand the 20k discrepincy and if I only owe 38k to the creditors without the remaining $1000 attorney fees and the trustee fees... I don't understand... I do have enough equity to get out that way...

    3. I don't really care about my credit at this point with a dismissal - it is so fried as it is... so please don't advise me to reconsider - I live each moth in fear of losing my home and the bankruptcy is not protecting me. As some of you may know my attorney has advised me to refinance out...
    Tags: None
    #2
    Originally posted by Anj
    We are 7 months into our 13 and have paid on time. The mortgage company once again has filed a lift of automatic stay.
    Anj, what a nightmare you are living! Before tackling the rest of your questions, what was your mortgage company's reason for filing the lift of automatic stay this time?
    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

    Comment

      #3
      I talked to the lawyer's assistant - and she can't clearly explain why the 20k difference - she and i had this discussion before, and she still couldn't explain it. I have made an appt but he will call me this afternoon to see if he can answer my question by phone.

      Comment

        #4
        Originally posted by Anj
        1. can I refinance just enough to pay the mortgage company their arrerages and dismiss - I do not have enough equity to do the full boat.

        2. why does 13data center say I have to pay back $38,126.83 with a 100% payback but on my summary it says I have to pay $58,020.00. I don't understand the 20k discrepincy and if I only owe 38k to the creditors without the remaining $1000 attorney fees and the trustee fees... I don't understand... I do have enough equity to get out that way...
        Anj,

        I am sorry to hear about the problems you are having. It is bad enough to have to file a 13, but then to still be having the problems are having seems just plain awful.

        For your 1st point, this is my personal experience, I can't speak for everyone or for every trustee. I was NOT allowed to just refinance the home. It was either refinance to pay off the home and the Chapter 13 debt, or nothing. My lawyer said he never heard of the Trustee allowing JUST the home to be refinanced and pay that off soley. But my lawyer filed anyway, and it came back as Trustee-Approved for a complete Chapter 13 buy-out, but NOT just the home.

        For your second point, I have wondered this myself when I look at the NDC website. Is this secured debt only you are looking at, or the entire debt including unsecured?
        Date Filed: 12/19/2004
        341 Meeting: 2/8/2005
        Date Case Confirmed: 7/12/2005
        Closed on Refinance/Chapter 13 Buyout 8/23/06

        Comment

          #5
          i also asked if since the student loan people didn't file their claim on time - can the trustee keep their 20k out which would bring it way way down and then a refinance would be a piece of cake.

          Comment

            #6
            Originally posted by Anj
            i also asked if since the student loan people didn't file their claim on time - can the trustee keep their 20k out which would bring it way way down and then a refinance would be a piece of cake.
            Anj,

            Do you mean that they didn't file a claim at all? Or that they filed a claim past the deadline?
            Date Filed: 12/19/2004
            341 Meeting: 2/8/2005
            Date Case Confirmed: 7/12/2005
            Closed on Refinance/Chapter 13 Buyout 8/23/06

            Comment

              #7
              past the deadline - judge filed an objection - so it's not in there just yet
              I know I have to pay them - but who knows... maybe for once I'll have a stroke of good luck some where

              Comment

                #8
                Originally posted by Anj
                past the deadline - judge filed an objection - so it's not in there just yet
                I know I have to pay them - but who knows... maybe for once I'll have a stroke of good luck some where
                Did the judge file on an objection or your attorney?

                I had one creditor who filed way past the deadline, but the judge let them still be in the 13 since they had an "explanation" and the amount wasn't huge.

                But then again, I also had a creditor who filed late but the amount was WAY more than I had put on the BK paperwork by around $3,000! My lawyer filed an objection, stating the amount was completely wrong. The claim was denied IN FULL and I don't have to pay any of it now.
                Date Filed: 12/19/2004
                341 Meeting: 2/8/2005
                Date Case Confirmed: 7/12/2005
                Closed on Refinance/Chapter 13 Buyout 8/23/06

                Comment

                Previous template Next

                bottom Ad Widget

                Collapse
                Working...
                X