Nearing End with Some Confusion

[Skouris]

Hi. I am nearing the end of my 36-month Chapter 13 plan. The closing date is actually supposed to be October 21st. Things were going great up until last year, when I was notified that my mortgage payments were going up by nearly $100 a month due to increase in escrow. I contacted my attorney and he modified my plan to increase the term to 44 months. I wasn't happy about this, but I figured that maybe I could get it paid off early. There was a hearing, and I thought that the modified plan had been approved. The Trustee was supposed to start paying the higher amount to my mortgage company, but never did. I contacted my attorney again, and he contacted the Trustee's office. The guy he talked to was very rude and told him that he didn't have time to look into each case personally and that it could take six months for the modification to take effect. I gave up after that. Since nothing had changed, the last payments were made to my credit card companies this summer. My car lease had also been paid in full. There was nothing left to be paid except for two mortages, which I am keeping after the BK. I contacted my attorney and he filed a motion to stop the wage attachment. I got control of my money back and started paying the mortgages myself. Of course, by that time I was in arrears and had to make quite a large payment to bring my account current.

I received notice of a hearing, and then notice that the hearing had been canceled. I also received a motion from the company that I leased my car from. It was a request to lift the automatic stay because I supposedly had remained in possession of the vehicle after the end of my lease. This was crazy, because I had turned the car into the dealer a week or two early. Fortunately, I still have the paper that they gave me when I turned it in. My attorney is now dealing with that issue. In the meantime, I got another notice that there is going to be a hearing in December. I'm trying to figure out what the hearing is for. It's so hard to understand all that legalese. It seems to be saying that the motion that was filed last year to increase the term to 44 months never went into effect because of some technicality. OK, that's fine. I want this to be over, and my mortgage has already been taken care of.

So my question is, is there normally a hearing at the end of a Chapter 13? It sounds like they want another motion to modify the plan to be filed. The hearing is called a Conciliation Conference. I guess I will have to contact my attorney again. I don't want to modify the plan now. I just want it to be over.

I have another question. I want to sell my house. Do I have to wait until I receive the official discharge? Or can I sell it now without informing the Trustee, since I am paying the mortgages myself and no longer sending payments to the Trustee. Also, when would it be safe to apply for credit, either a mortage or a credit card?

Thanks.

[BKOnce]

Yes. November-December is bussiest holiday seaons for all trustees to enjoy vacations too.. I hate all Fed. courts... always relaxing & don't care who die first....because they are all US public servants!!..

[Skouris]

Things Get Worse

Well, I checked 13Network today and discovered that, more than a year after the motion was filed, they finally entered the new increased mortgage payment and changed the plan term from 36 months to 44 months. Now it makes it look like I am behind in payments, because the plan base is much higher than the amount paid. My wage attachment has already been stopped, and I have my full paycheck back (which is fantastic). All unsecured and priority creditors have been paid as much as they were supposed to be paid. The only things that are left are my two mortgages, which I am paying myself now. The other thing is that the Trustee sent a payment of over $1000 to my mortgage company, which was not owed because I already made a large payment to bring my account current. I wonder if I can get this money back from the mortgage company? I could certainly use it. I am assuming that my attorney will file another motion to decrease the term back to 36 months, since there is no reason to draw this out for another eight months. If so, will it take another year+ to go into effect? If that's the case, I might as well just wait the extra eight months. I wish that I never would have informed my attorney about the increase in mortgage payments. This could be nearly over by now. If they delay my close date for eight months, would I be able to sell my house and apply for another mortgage before then? Thanks.

[Bandit]

Yes. November-December is bussiest holiday seaons for all trustees to enjoy vacations too.. I hate all Fed. courts... always relaxing & don't care who die first....because they are all US public servants!!..

ROFL!!

The city & county courts are the same way.

That is how I felt when I had to go to jury duty. it was the most boring thing in my life. The people in the offices did absolutely nothing for eight hours except chit chat with each other. I think they answered one phone call.
The 'supervisor' was way cool though. She gave a 10 minute speech on jury duty & then ends it... She says, "I dont want you all to feel like you are sitting here doing nothing for eight hours, when in fact you are sitting here doing nothing for eight hours."

It was hysterical because all the people in that building sat around doing nothing. I observed them very well. I know they get paid well but that would be one of the most boring jobs to me just sitting around filing their niles, chatting away & it does not matter who dies first or last.

You are so on the money, BKOnce.