Need advice please

[Lilly]

Hi there--I'm hoping someone can give me some guidance. I filed Chapter 13 a week ago Friday (last Friday). I did this in order to avoid foreclosure which for me would have been a good solution. I figured in another year, I'd be in good enough shape to be able to dismiss/discharge on my own. But now, something totally unexpected as happened--I lost my job on Thursday. I am in my 40's and have never been unemployed before. I hav filed for unemployement and truly hope that I am not out of work very long but my question is, if I notify the trustee, what happens? Will they remove the stay on the foreclosure or what? Does anyone know?

Also, I wanted to let people know that I filed without an attorney. I found wonderful website where you put in the your information and in turn, they complete all of the paperwork and send it to you. It was a lot cheaper than a lawyer which I couldn't afford. That's why I did it that way. If anyone is interested, let me know.

[rrockinggramma]

The stay will remain in place as long as you make your plan payments to the trustee and the mortgage company does not object to your plan. However being unemployed might make making those plan payments difficult. I wish you the best in filing your chapter 13 without an attorney. I am in a chapter 13 currently and cannot imagine going it alone. The trustee objected to our expenses and we had to provide documentation of them, which we did. The trustee also objected to several of the claims filed by our creditors (the amount etc) and that also had to be resolved. I was glad to have an attorney there to file the motions necessary to amend the plan etc as I wouldn't have had a clue how to go about it Our attorney charged us 400.00 up front and then included the remaining amount of her fee in the chapter 13 plan. Also, many trustee's require that your plan payments are sent in directly by your payroll office. To send in payments on your own requires a stipulation order filed with the court. So I wish you good luck and hope it all works out for you and that you find employment soon.

[Lilly]

Need advice please

Hi--thanks for your post. Yes, things will be tougher as far as making the payments but I guess what I still don't know is if there is action that the trustee can take or will take if I report that I've lost my job. I recall seeing on some of the paperwork that I was sent that you are to report a job loss and I guess I'm wondering why--especially if I keep making the payments.
As far as filing myself, I'm glad I did it that way. The service I used figured out the payment plan based on the information I gave them. The person who actually does it is a paralegal so he knows what he's doing. It cost so much less---I really couldn't afford an attorney. I can contact them along the way if I have questions during the whole thing. So when I go to the hearing and if something happens that I don't understand, I can contact them and ask. And you know what else? Because I filed myself, I was not required to pay the filing fee upfront. That will be included in my plan! I didn't know that. So everything has been filed and I think it look like they've accepted the plan because my first payment is due at the end of the month.

As far as the payments coming from the payroll department of your job---I was told that they cannot require that. They cannot notify your employer of your bankruptcy without your permission. THEY DO STRONGLY SUGGEST you go that route but they cannot suggest it. I did confirm that with the trustee's office and they said the same thing--that they do strongly suggest it.

[rrockinggramma]

well good then. I hope it all works out and good luck finding a new job soon!