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Why remove a house from 13 plan?

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    Why remove a house from 13 plan?

    My ex is 2 years in to a Chapter 13 plan. I received notice that a motion has been filed to modify the confirmed plan (I'm a creditor due to child support arrearage). In the motion, they want to pay the mortgage outside of plan?

    Doesn't effect me at all since we long since divorced but I'm curious? Why would anyone take their home out of their Chapter 13 plan? Wouldn't you lose the protection from creditors?

    I wonder if he is planning to walk away from the house but doesn't want to tell our daughter.

    #2
    When you pay things inside the plan, you pay as high as a 10% premium to the Trustee. I call this the 10% to simply write a check each month. My mortgage payment went to over $4,700 in my Chapter 13 and the Trustee was getting... yep... $470 a month to write a check.

    It doesn't sound like much, but take the $470 and multiply it by 60 payments (sixty month), and now you're talking about nearly $30,000 just for the Trustee to write a check!
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      The debtor does not lose the protection from creditors by removing the mortgage from the plan.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment

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