We filed in August 2007 chapter13
2nd lien holder filed motion for relief of stay claiming we owe one more month, and payments they have not received from Trustee in Sept., Oct., and Nov.
Today we received a letter from the Trustee stating
Response to motion for relief from the automatic stay filed.
That the Trustee comes now and for her response to the motion herein states as follows:
1. That she admits the averments in paragraphs 1,3, and 5 of said motion.
2. That she has insufficient information to either admit or deny the remaining averments in
said motion except as stated below.
FURTHER RESPONDING the trustee states that:
A. per the Debtors proposed unconfirmed plan the on-going mortgage payments
will be paid by the trustee through the chap. 13 plan in such amount. As well of
arrearages of such amount at 8% interest per the Movants' amended proof of
claim.
B. The case was filed August, 2007. As this date the Trustee has posted such
amount to the Debtors' account paid by money orders and by payroll deduction.
C. As of this date, the Trustee has disbursed such amount to the Movants for 4
post petition mortgage payments and has sufficient funds on hand to bring the
post petition mortgage current per the proposed plan.
WHEREFORE, having fully answered, the Trustee prays the Court to grant such relief as may be meet and just under circumstances. Further the Trustee requests that no agreed order be submitted for filing without the signature of the Trustee or her attorney.
We do not fully understand this letter? Does it mean that the motion will not be granted? And will there still be a hearing? Do we still have to worry about losing our house? And why would the trustee say no more orders filed without her sigature? Anybody that could help us understand this, we would greatly appreciate it.
2nd lien holder filed motion for relief of stay claiming we owe one more month, and payments they have not received from Trustee in Sept., Oct., and Nov.
Today we received a letter from the Trustee stating
Response to motion for relief from the automatic stay filed.
That the Trustee comes now and for her response to the motion herein states as follows:
1. That she admits the averments in paragraphs 1,3, and 5 of said motion.
2. That she has insufficient information to either admit or deny the remaining averments in
said motion except as stated below.
FURTHER RESPONDING the trustee states that:
A. per the Debtors proposed unconfirmed plan the on-going mortgage payments
will be paid by the trustee through the chap. 13 plan in such amount. As well of
arrearages of such amount at 8% interest per the Movants' amended proof of
claim.
B. The case was filed August, 2007. As this date the Trustee has posted such
amount to the Debtors' account paid by money orders and by payroll deduction.
C. As of this date, the Trustee has disbursed such amount to the Movants for 4
post petition mortgage payments and has sufficient funds on hand to bring the
post petition mortgage current per the proposed plan.
WHEREFORE, having fully answered, the Trustee prays the Court to grant such relief as may be meet and just under circumstances. Further the Trustee requests that no agreed order be submitted for filing without the signature of the Trustee or her attorney.
We do not fully understand this letter? Does it mean that the motion will not be granted? And will there still be a hearing? Do we still have to worry about losing our house? And why would the trustee say no more orders filed without her sigature? Anybody that could help us understand this, we would greatly appreciate it.
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