Help! I Need Answers

[drednm]

My partner and I filed 13 in Nov 2004. We are still not confirmed. The house we gave up has not filed a deficiency. Trustee refuses to confirm and I suspect she's waiting for mortgage deficiency. As of this week the trustee refused again and filed to dmisses (fifth time).

My base plan says $64,600 of which I have paid $23,000; my partner's base plan is $9,000 of which he has paid half. Both are at 100% for unsecured debt and balances on your cars.

I have instructed my attorney to GET A CONFIRMATION since I have cashed out my retirement funds and will pay off the differences on both base plans ASAP.

Yet nothing happens and this drags ON AND ON AND ON. Why can't I get the confirmation (don't even care about the details) and PAY THIS OFF and get a DISCHARGE? How can trustee be allowed to obviously STALL like this and wait for mortgage company to sell the house, which it hasn't done in a year?

My partner has not even had a court hearing yet and it's almost TWO YEARS.

We are in New Mexico. Any answers or advice?

[lrprn]

My partner and I filed 13 in Nov 2004. We are still not confirmed. The house we gave up has not filed a deficiency. Trustee refuses to confirm and I suspect she's waiting for mortgage deficiency. As of this week the trustee refused again and filed to dmisses (fifth time).

My base plan says $64,600 of which I have paid $23,000; my partner's base plan is $9,000 of which he has paid half. Both are at 100% for unsecured debt and balances on your cars.

I have instructed my attorney to GET A CONFIRMATION since I have cashed out my retirement funds and will pay off the differences on both base plans ASAP.

Yet nothing happens and this drags ON AND ON AND ON. Why can't I get the confirmation (don't even care about the details) and PAY THIS OFF and get a DISCHARGE? How can trustee be allowed to obviously STALL like this and wait for mortgage company to sell the house, which it hasn't done in a year?

My partner has not even had a court hearing yet and it's almost TWO YEARS.

We are in New Mexico. Any answers or advice?

If the trustee and the debtor can't agree on the terms of a Ch 13 plan, a judge can decide if the plan can be confirmed. Why hasn't your lawyer requested a hearing in front of your local bk court judge to resolve this?

[drednm]

Hi... I had a hearing with a judge August 2005 and the witch trustee STILL objects and CONTINUES to file to dismiss. My attorney SUCKS. It seems OBVIOUS to me and all I get is a runaround. The trustee is doing a nickel and dime act and I have the cash in my checking account to just PAY THIS OFF.

It's harassment and makes no logical sense beyond simple harassment. I can't pay off until I get a confirmation and the witch won't confirm.

And we are just stuck in the middle. No wonder we have both developed ulcers after nearly 2 years of this contact hassle and a year before that wasted on a CH 7. This has been a total NIGHTMARE.

All I want to do is PAY THE DAMNED THING OFF and have my life back.

[bkbiker]

Hi drednm,

I feel your frustration and helplessness at this whole damn bankruptcy thing; all the incompetent lawyers and chapter 13 trustee that make our life a living hell. Here is another example of our government letting us down again. I wish I had some good advice for you, if it is any consolations; I been in my chapter 13 for 60 months now, weathered many motion to dismiss from my trustee, I am on my 3rd lawyer, had to relinquish my brothers inheritance to the creditors, spent years in therapy, developed prescription drug dependency, and major depression with suicidal thoughts. I am terrified everyday that my dreaded chapter 13 trustee will issue me yet another motion to dismiss case on the eve of my discharge.

Sorry if I am sooo negative today, good luck with your case.

[drednm]

Yes I understand your pain completely, and the witch trustees don't seem to be accountable to anyone. My sucky attorney hands off everything to his paralegal who is a disbarred lawyer from Texas. The simplests things takes MONTHS.

All I want is to pay them off and get rid of them. Nothing seems to matter them but playing power head games. If the hag had any legal talent she'd probably have a private practice. Because she is Department of Justice my Congressman can't get involved. So everything is at the mercy of this sour, vindictive *****.

No accountability, no federal guidelines that FORCE them to confirm or even discharge. What a pathetic joke.

[SinkingFast]

I know you filed your Ch 13 nearly 2 years ago. And I can completely do understand your frustration with your attny, the Trustee, and the process in general.

But I do have a Question.

When did the Lender actually Foreclose and sell your house?

I looked up NM Foreclosure Law and the owner has a rather lengthy Redemption period in NM. 9, yes that's NINE, months.

Many States allow for the owner to buy back, or Redeem, the property after the Foreclosure Sale. Most cases, the owner only get's a 20-30 day Redemption Period. Yeah, right. Like if we coulda come up with the funds in 20-30 days after Foreclosure, we wouldn't have been in Foreclosure to start with. Ah, sorry, I digress.

But so anyway, after your house was sold by the Lender, you had 9 months to Redeem the property. THEN, the Lender still has to get your name off the Deed/Title. That's more a formality than anything, BUT the Lender can't do a thing with the property until they get the Deed/Title over into their name.

So if your house wasn't sold right away when you filed BK, that could be a part of the problem with getting a deficiency statement from the Lender. The whole Foreclosure may not be a done deal yet.

Just a thought for you.

[Jman30]

Hi drednm,

I feel your frustration and helplessness at this whole damn bankruptcy thing; all the incompetent lawyers and chapter 13 trustee that make our life a living hell. Here is another example of our government letting us down again. I wish I had some good advice for you, if it is any consolations; I been in my chapter 13 for 60 months now, weathered many motion to dismiss from my trustee, I am on my 3rd lawyer, had to relinquish my brothers inheritance to the creditors, spent years in therapy, developed prescription drug dependency, and major depression with suicidal thoughts. I am terrified everyday that my dreaded chapter 13 trustee will issue me yet another motion to dismiss case on the eve of my discharge.

Sorry if I am sooo negative today, good luck with your case.

Damn, Bkbiker, I am sure sorry to hear you are having such a horrible experience in your Chapter 13. You have been a resource for me and answered so many of my questions. I know everyone thinks their Chapter 13 is the worst, but your story tops them all. Why does the Trustee keep trying to dismiss and how have you been in the 13 longer than 60 months??

[drednm]

To my knowledge they finally foreclosed on the house August 2005.

We originally filed Ch 7 in November 2003, converted to Ch 13 in Bov 2004. So the mortgage company had the house almost 2 years before foreclosing.

I know the trustee witch is stalling so they can file a deficiency but to my knowledge they have not sold the house in the almost 3 years since we started this nightmare.

In any case it seems the mortgage company has missed its chance to file a deficiency and get added to the creditor list, BUT I don't trust anyone at this point. The stupid judge does nothing. The trustee is accountable to no one, and the attorney does nothing but file endless paperwork.

I've answered the same questions 50 times since Nov 2003 and we still sit and wait. No one does anything.

I have the money in my checking account to pay this off. THIS IS ABSURD.

WHERE IS 60 MINUTES?

[lrprn]

To my knowledge they finally foreclosed on the house August 2005.

We originally filed Ch 7 in November 2003, converted to Ch 13 in Bov 2004. So the mortgage company had the house almost 2 years before foreclosing.

I know the trustee witch is stalling so they can file a deficiency but to my knowledge they have not sold the house in the almost 3 years since we started this nightmare.

In any case it seems the mortgage company has missed its chance to file a deficiency and get added to the creditor list, BUT I don't trust anyone at this point. The stupid judge does nothing. The trustee is accountable to no one, and the attorney does nothing but file endless paperwork.

I've answered the same questions 50 times since Nov 2003 and we still sit and wait. No one does anything.

I have the money in my checking account to pay this off. THIS IS ABSURD.

WHERE IS 60 MINUTES?

Your local trustee is responsible to the US trustees. After such a long delay without confirmation even after a hearing with your local judge, have you considered contacting the US trustees to see if that can get things moving? Here's the contact information, including one asst US trustee located right in New Mexico - http://www.usdoj.gov/ust/eo/ust_org/office_locator.htm

If your lawyer is so inadequate, why have you stayed with him/her? You wouldn't be the first to switch lawyers mid-stream, especially when you think the first one is not representing you well.

[drednm]

I was told it was difficult to change lawyers after filing... probably more lousy advice... all I want it a lousy confirmation so I can pay the 40K and get this over....

I actually HAD a confirmation but declined the 401 contribution offer since it added 18 months to my plan SO I decided to pay the $1,708 figure and stop 401k contributions.... not it seems we're starting all over again..... So I guess my making a change in the confirmation we negated it? MAKES NO SENSE since I'm pay $350 more than his confirmation called for.....

[bkbiker]