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Creditors audit making me crazy

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  • Creditors audit making me crazy

    Hello everyone i just received my chapt. 13 discharge and also found out that my mortgage company says the trustee did not pay all payments required to cure past due payments that were set up in my plan. Mortgage company lawyer already sighned off that the payments were up to date. Mortgage company says there audit shows they were short almost two payments. Wanting to know what will happen at this point. Will my discharge be reversed or will they come after me for the missed payment by the trustee. Once again i already have my discharge and im very worried that this will hurt my case. Can anyone please tell me what i may do or what steps to take. Oh yes! I do not have the money to catch up those missing payments. Please help

  • #2
    Go back to your attorney! This is a violation of the Chapter 13 discharge! They can't go back and suddenly decide that they weren't paid enough. The discharge "cures" the arrears and default. There are many creditors (especially mortgage companies) that keep tacking on late fees and such during the Chapter 13. However, they need to wipe those clean as only that which is in the confirmed plan is allowable!

    Please, go back to your attorney! If you do talk to the creditor, tell them explicitly that they are in violation of the discharge injunction and that the discharge cured the default and they were paid according to the "confirmed" plan. Tell them that further collection attempts on the discharged debt will result in your attorney filing contempt charges and seeking damages.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Originally posted by justbroke View Post
      Go back to your attorney! This is a violation of the Chapter 13 discharge! They can't go back and suddenly decide that they weren't paid enough. The discharge "cures" the arrears and default. There are many creditors (especially mortgage companies) that keep tacking on late fees and such during the Chapter 13. However, they need to wipe those clean as only that which is in the confirmed plan is allowable!

      Please, go back to your attorney! If you do talk to the creditor, tell them explicitly that they are in violation of the discharge injunction and that the discharge cured the default and they were paid according to the "confirmed" plan. Tell them that further collection attempts on the discharged debt will result in your attorney filing contempt charges and seeking damages.
      Excellent response.
      Started payments in 10/2008 and confirmed 03/2009 @ 100% Payback over 60 months
      Paid extra and I've asked for an early payoff amount with 10 months left to go.
      Discharged 03/2013.

      Comment


      • #4
        Justbroke! Thank you i will go and talk to lawyer and let mortgage company know that they are in vialation of chapter 13 discharge.

        Comment


        • #5
          This is a good question and the answer may turn on your local rules. I believe in my district (AZ) if the lender screws up the proof of claim and does not amend it before the claim has been paid under the terms of a Confirmed Plan, the lender eats it. Just had this with a case. Trustee filed a notice that payments on pre petition arrears were complete. Lender filed a response saying they were not. (Trustee did pay per the claim). Hearing held and lender withdrew its argument. Not sure exactly what happened as it was an issue between the lender and the trustee but, I suspect, the lender had to eat the payments it claimed were part of the pre petition amount but were not included in the claim.

          You may want to check with the Trustee as to what it all means but my guess is the lender is bound by the terms of the Order Confirming the Plan and is just SOL.

          Des.

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          • #6
            Iknow after reading this thread ,makes me feel better! am 1 year into a 5 year plan. in my plan the lender didn't claim but one payment late ,when in fact it should be two late. getting charged late payment fee's ever month. just hope it works out in the end,

            Comment


            • #7
              This problem with creditors claiming "foul" at the end of a Chapter 13 is not uncommon. This is specifically why part of the code was amended, to deal with this. Just like Des' District (Arizona), Florida goes by what's in the confirmed plan. If it's just a payment issue between the Trustee and the Creditor, that "should" be fixed in the audit. It's still not the debtors problem and the debtor should still be entitled to a clean discharge.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment

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