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Scared in MN after 341 Meeting- 2nd mortgage- Got a letter today

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  • Scared in MN after 341 Meeting- 2nd mortgage- Got a letter today

    hello and thanks for any advice as we are both very concerned about our chapter 13.
    we filed in MN in early sept. had the 341 meeting a few weeks back w the trustee and it went fine.

    a day after the 341 we got a letter from the trustee that he agreed to the chapter 13 but didnt like the wording in the strip lien for our 2nd mort with BOA. Exact words were that he "did not oppose the motion, subject to concerns" I called the attorney asap and he said that since its so new hear in MN to allow a strip lien theres a lot of back and forth on the Wording thats used and its just fine.

    So, now today- Saturday- we get a letter in the mail. our trustee has hired an attorney and is asking for a MOTION for our case to now be a chapter 7 or be dismissed!

    We are so confused and scared! We dont quite understand the letter- the attorney used wording such as that the case was "filed in bad faith and that it should be converted to a chapter 7 or dismissed"

    What was done in bad faith? we are hardworking people that can no longer pay our bills. We're so confused and scared right now to lose our house.

    Looking at the letter the trustee is arguing about wording- he "objects on the basis that the plan provides the second mortgage held by BOA will be void persuant to Section XXX. This does not comply with the procedures set forth in the local Rules of Procedure XXX"

    Can anyone help us?
    Last edited by AngelinaCat; 11-02-2013, 11:41 PM. Reason: post broken into pragraphs to make it easier to read

  • #2
    our trustee has hired an attorney and is asking for a MOTION for our case to now be a chapter 7 or be dismissed!. . . (T)he attorney used wording such as that the case was "filed in bad faith and that it should be converted to a chapter 7 or dismissed". . . Looking at the letter the trustee is arguing about wording- he "objects on the basis that the plan provides the second mortgage held by BOA will be void pursuant to Section 506. This does not comply with the procedures set forth in the local Rules of Procedure 3012-1.
    I have replaced your “xxx” with what I suspect are the numbers in the Motion. Assuming I am correct, you need not panic. It sounds like your attny has not followed your local rules (link below) as it relates to the lien strip. I am sure this was an oversight either because he is not aware of the local rule or simply has not gotten to it yet. Call him on Monday and don’t lose any sleep over it.

    The local rules can be found here:

    Look at Rule 3012-1



    • #3
      Thank you so much for the response
      We feel much better and will contact him Monday
      Thank you for taking the time to respond to a stranger



      • #4
        Welcome to the forum, sheltie. You have just met one of our best and treasured members.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."


        • #5
          I have noting to add to Des' very pointed response. I just have to say that the Trustee is either "very" by the book or is just a tough Trustee. As Des wrote, it sounds procedural and those can be fixed. I too had to file a Motion to Determined Secured Status and Value for my lien strip. That's the procedure in my District.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
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          I am not an attorney. Any advice provided is not legal advice.


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