trustee motion to dismiss

[stopcallingus]

Had 341 July 3rd. Everything seemed to go fine. Except that mortgage company filed a claim on payments in arrears. Mortgage to be paid outside of plan, was paid current at time of filing, got behind this month. I actually paid a payment July 2nd. Trustee asked me if mortgage was up to date and I said yes made payment yesterday. Come to find out they filed a claim of $2700 for a payment and attorney fees/late fees/ and some other kind of fees. He lectured me on the fact I could not pay anything outside of plan that a claim had been filed on and to speak with atty asap. I called as soon as I got home and she said not to worry that we could just apply the payment I made to this months payment and move on and they would try to reduce the fees. Then Saturday July 5 get a copy of "trustees motion to dismiss in addition to objection to plan". Could this have something to do with the fact I paid them outside the plan? I am scared to death. Talked to atty. they said don't worry that they would contact us if it was something we needed to do but mostly they do this if they object to anything in the plan. There is a hearing set for July 29th if it is not resolved by then. I will lose my mind wondering and worrying from now to then. Has anyone ever had something like this happen? How did it turn out? I don't know what we will do if they dismiss our case. We'll lose everything. We are new to this just filed June 3.

[rrockinggramma]

I am confused. So you made a mortgage payment on July 2nd? And this was a payment that was a "late payment" or was it the payment for July? ok, so the trustee is saying that the 2700 should not have been paid to catch up the mortgage because it was being claimed in the plan? The trustee will probably ask the mortgage company to return your payment to the plan. Definitely talk to your attorney but I am sure this can be worked out. Sounds like the trustee was miffed you by passed him. Stress over the stuff you can control. You can't control the trustee. I am sure you and your attorney can work out a deal with the trustee. Objections to plans are very common in chapter 13. But the dismissal motion is probably because you miffed the trustee about making a payment for arrearage claimed in the plan. (preferential?)

[AngelinaCat]

Our BK attorney, while not doing a very good job of educating us in the BK process, DID instruct us--which we both remember well--NOT to make any side deals outside of the BK with creditors, as it could get our BK tossed out. We were planning for a 13, then when I lost my FT job, had to go 7. It appears that something like that has happened here.

Hopefully, your attorney will be able to work something out with your Trustee. Will you be seeing your attorney before this meeting? (Please say Yes.) If not, I'd be camping on his or her doorstep.

Good luck~~~

[stopcallingus]

I did not know they had filed a claim. I made a payment that was a couple of weeks outside the grace period. So it must have crossed somewhere. Prior to that mortgage was current. Attorney said to continue to make house payments. The payment was due June 16th and I made it July 2nd. I had called mortgage company prior to June 16th to let them know when to expect the payment and they never said a word nor did they inform me when I called to make the payment by phone that a claim had been filed for the June payment. They accepted the payment and made arrangements with me to make the July payment by July 25th. They thanked me for keeping the arrangement I had made for June and assured me they would continue to work with me. The "B word" never came up. As far as the trustee being miffed it looks to me like he would be miffed at them for filing a claim and then accepting a payment anyway. Attorney said not to worry that they would handle it and the payment I made would be applied to the July payment so I am good until August. We are new to this, just filed June 3rd. Never had any trouble until hubby lost job two weeks after daughter was born. We have a 3 year old as well. I consider myself a smart person and if I was told to do something or not to do something I certainly can follow instructions. But I am not an attorney, nor a bankrupcty pro so I made a mistake. These people are supposed to be human beings as well as trustees so they should keep that in mind when dealing with newbies. It would be different if I was several months into this and knew better. Anyway not going to whine about it anymore. That is why I came here, to hopefully learn from those who know more than me. Thanks.