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Trustee approval time for mortgage

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    #16
    Originally posted by davidson View Post
    How did you get your order without getting the offer first. Your lawyer sounds better than mine lol
    I spoke with my lawyer and we went over my budget. He filed a motion to incur debt, the judge signed it. They told me it could take 1-2 wks but it was less than that. I was notified days later that it was approved.

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      #17
      Just remember that different districts will likely have different requirements. Some require notice to all creditors and that can be 14-21 days or more (+ 3 days for mailing). It really depends on the local rules for that specific district. Additionally, it will also depend on how long it takes the judge to review and sign the order.
      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.

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        #18
        I still have not heard anything . My realtor is doubtful I will get another extension. I can’t believe my lawyer stopped answering my calls and emails. I looked in the courts dockets and from 930 to 130pm they are doing chapter 13 stuff but did not see my name.

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          #19
          Your proposed order would not go on the court docket. It just gets signed since it was unopposed without a hearing.

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            #20
            I feel something is wrong. I called the court this morning and they said it was not approved yet. I also don’t see anything on that pacer website. Doesn’t help that my lawyer ghosted me. This sucks what little money I had left I used for the earnest , va appeaser and filling the motion to incur debt. This system is rigged to hold people down

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              #21
              This is usually quite a normal process and approvals are usually fine once the Trustee signs off. I can't speak to your specific issue, but the process is not to stop your from incurring debt, but just to make sure someone (the Trustee) reviewed the new debt to make sure that it won't affect your ability to stay in plan.

              I read that the Trustee did approve the new debt and that your attorney sent the proposed order to chambers for signature. I don't know what happened in between or what is happening now. I would keep calling my attorney more than once a day until this is sorted.
              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.

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                #22
                Does that pacer website actually show if it’s approved

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                  #23
                  Originally posted by davidson View Post
                  Does that pacer website actually show if it’s approved
                  It will show when the order has been signed and placed on the docket.

                  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.

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                    #24
                    Thanks for the information. I have a feeling something is wrong with the way the lawyer filled the paperwork or process he did. Last week when I called on Thursday they said it should be done by the Friday. I called today and they said my lawyer can email for the status. My lawyer is not returning my calls or emails. Should I call the court again and say he’s not helping me find out anything ?

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                      #25
                      The lawyer finally responded to me after I emailed the other lawyer in his office , he said he tried emailing the clerk of court a couple times already and had no response. I wish their was a way I can see what’s on the judges schedule

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                        #26
                        These types of orders are done in chambers. They are not on the judge's calendar. The key is... did your attorney send the proposed order to the right e-mail address (or use CM/ECF)? This is based on the local rules. If your attorney regularly does this, then I would believe that they know how to submit proposed orders. Perhaps your attorney can call the clerk's office and/or the courtroom deputy.
                        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.

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                          #27
                          I checked the pacer website. The trustee filed some kind of objection to claim. I don’t know if it has anything to do with getting a mortgage. It basically said at one time the irs said I owed them money and now they say I don’t.

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                            #28
                            Originally posted by davidson View Post
                            I checked the pacer website. The trustee filed some kind of objection to claim. I don’t know if it has anything to do with getting a mortgage. It basically said at one time the irs said I owed them money and now they say I don’t.
                            I wonder if the IRS filed something known as a "late-filed" claim or filed an amended claim. Whatever it is, the Chapter 13 Trustee doesn't like it. Personally, I have never seen the Chapter 13 Trustee object to a claim. I have objected to several, but haven't seen the trustee do so (in a Chapter 13).

                            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


                              #29
                              If the court does not have anything listed on their dockets for Friday’s do you think they handle stuff like approving mortgage request? I was looking up someone else , they filled for a mortgage modification the same day I filled for a mortgage request and theirs got approved today

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                                #30
                                Originally posted by davidson View Post
                                If the court does not have anything listed on their dockets for Friday’s do you think they handle stuff like approving mortgage request? I was looking up someone else , they filled for a mortgage modification the same day I filled for a mortgage request and theirs got approved today
                                The court does approve things but it would not be on the docket. As I wrote, these are done "in chambers" and outside of courtroom time. This is because it is done without a hearing.

                                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

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