Chapter 13?

[chellydebt35]

Hello all,

I have so many questions about my chapter 13 since our lawyer is the worstest one we could have pcik in our area. O my lets see where to start. one of the cars that he made us put in the chapter 13 we know owe 8000.00 on it since they decided not to go with the plan 6 months in to the plan the finanace company did this. so know it is about to get repoed. But we had the choice to keep the cars out of the trustee payment but he told us that the trustee likes the car payments in his payments.So of course stupid us we said yes add the cars. Know we have to come up with all this money. So know we are back in the same boat as before. Then our lawyer has told us NEVER miss a mortgage payment or be late or they will take our house and dismiss our case. So I have been so stressing every payment every month that one month I paid our 2nd 2 times. This is also hard to pay our mortgages due to the fact that only one of mortgage company sends us a bill. only our 1st mortgage sends us a bill. The second one is a guess what to pay every month and there one of the prime reasons we had to go chapter 13. So I stress over ever time the phone rings and I check the mail that our case is not getting kick out of court. Then I messed up my checking account this month and bounced my 2nd mortgage payment so know what do I do? So when do I stop stress about this chapter 13 case? it has amost been a year. We are bearly making it. But I get the bills paid. But this stress of this stupid chapter 13 getting kick out od court and the stress of making one mistake and not be able to breath is getting unbearable. Some times I wish we would we would have let this stupid house go back and lived on the streets. If I had no kids I think that is what I would have done at least I would have no stress all day long .About bills all the time. What am I to do?

[HHM]

Welcome to the fourm, and I feel for your situation.

Unfortunately, the stress you are feeling is quite common and doesn't end until your chapter 13 case is dismissed or discharged. Chapter 13's are not designed to be easy.

The issue with the car's is a bit troubling, and confusing. Can you please try to clarify the situation. If you are including your regular car payment in the chapter 13 plan, the finance company HAS NO CHOICE but to accept the payments. Moreover. they cannot repo your car without filing a motion to the court.

The rest of the issues you describe are pretty much par for the course. Your attorney is exactly correct, you CANNOT miss a mortgage payment during a chapter 13. Also, the mortgage companies tend to stop sending invoices, so you have to make the payments directly and remember to do so, that is not uncommon.

[chellydebt35]

The car in question is yes regular payments and they decided not to expect the terms of the bk courts 6 months in to our case. So know we have to fight with them to save my husbands car and there is NOT ONE THING WE CAN DO ABOUT IT OUR LAWYER SAID! It happens all the time. They sends our payments back you name it. the mortgage, I know about not missing the payment I totally stress about not missing a payment and make sure that I DONT miss the payment.like I said I stress so badly that i have made two payments on the 2nd in one month. But I hate all this stressing about every thing. So for the next 5 more year or how ever long. Since we are all most done with our 1st year and I really don't know how much longer we have left it could be 2012or 2011????? Then again I could be dead from stress. But I have made another mistake math on and messed my checking account up and had my 2nd mortgage payment retuned and know most likley we will hear that our case will be kick out for no-payment. also it is really hard knowing how much to pay them since they NEVER send me a bill and the payment always goes up every month. So we can get it kick out for that one too. So my goodness we should just give up and let the mortgage company win. I can't can't go to my lawyer I do not know how he passed the bar. Well maybe he is have a bad year right! thanks

[HHM]

When you filed chapter 13, were you behind on your car payments?

Has the car finance company filed a motion objecting to your chapter 13 plan?

Maybe you should schedule a consultation with another lawyer.

Creditors cannot reject a chapter 13 payment plan without filing a motion with the court and scheduling a hearing. So, again, this thing with the car makes no sense? If your chapter 13 payment plan provides that the trustee will make your regularly scheduled monthly car payment and there is sufficient money in the chapter 13 plan to do so, then there is nothing the car finance company can do about. Even if this issue is all screwed up, the car is protected by the automatic stay, so no matter what, the car finance company would have to file a Motion to Lift the Automatic Stay in order to repo the car.

Also, assuming you have your correct mailing address on your BK records you will reveive notice of any motions, hearings etc. Your case will not be dismissed out from under you without giving you notice.

[rrockinggramma]

Is your vehicle included in your chapter 13 plan? In your first post it sounds like it is. if that is the case, the car company has no say in how and when they are paid or the interest they receive. It is in the hands of the trustee and your job is just to make sure your trustee payment is there every month. If your paid outside of the plan and you have gotten behind, then call your lawyer and see if your plan can be modified to include it in the plan. As to your mortgage payment, I take it that the second mortgage is variable and that is why the payment fluctuates? If you have trouble remember the due date, set up a payment calendar somewhere and write the bills due on the dates they are due. Then post it on the refrig where you will see it all the time. That might help you remember it. As to the second payment bouncing, stop payment on it at the bank so it can't bounce twice. If it was an extra payment, then it shouldn't affect the mortgage as your first payment was made and the account is still current. Hopefully you can catch up on the OD and stop payment fees easier than trying to cover a second mortgage payment. good luck

[rrockinggramma]

And as an aside, if your car company is objecting to the amount they are going to be paid and that is the issue with your chapter 13, then it will be resolved between the trustee, your lawyer, and the car company. You need to relax!!! Unless your car company files for relief of stay, which they can't cause the car is included in then plan, they cannot legally repo the vehicle.

[chellydebt35]

Hello,
The car in question was in the the chp 13. We where not behind on the car at the time of filing in 2006. But like I said 6 months in to our case the loan company decided not to go with the plan and they wanted all the back payments up front. Which at that time where about 2550.00 munus the payments the trustee had paid. So the we paid that payment and they returned those payments. They returned payments of $ 3030.00 and they just have started expecting payments. So know we have to come up with 4500.00 and the monthly payments of course. Which is fine but I wish our lawyer would have left it alone. and we would have been fine right know and it would have been one less worry for me. I still have the stress of the two mortgages right know. I am worried that if I am one seconded late that my chapter 13 will get kicked out. When does things get simple? or at least a little stress free.

[rrockinggramma]

you need to get another opinion. If the car people are demanding payment outside of the plan and in the plan too that is illegal unless the court ruled to remove the car from the plan (amended the plan to have you make the payments outside of the plan) but you would have had to agree to that and so would the judge and the trustee. You need to get a second opinion here. Something stinks!

[lrprn]

But like I said 6 months in to our case the loan company decided not to go with the plan and they wanted all the back payments up front.

Creditors are *NOT* allowed to decide they don't want to participate in Ch 13!

This is a flagrant violation of your automatic stay. No minimally competent bankruptcy lawyer would have told you to pay up - they would have squashed this immediately and threatened to drag your car lender into court besides. Did you file pro se (without a lawyer)?