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Got a Continuance to work with B of A!

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    Got a Continuance to work with B of A!

    I was able to get a one month continuance at my confirmation hearing! The trustee did not have an objection to waiting to object/confirm my plan while I try to get a loan modification from the B of A. The trustee also complemented my paper work. I know my ability to do a good job on the paper work is due to this web site and the Nolo book. I encourage those who want to keep their homes to be very active in participating in their documents and not be afraid to do your own filing. I don't know if I'll be successful in keeping my home, but if I had followed the attorneys advice I had gotten, I would not be still trying. There is a new program in HAMP that gives the banks an incentive to do principle reductions. I am hoping that this program will help me. It appears that if could help a lot of us.

    I am finding the trustee very helpful and the judge today also was very willing to give me an opportunity to work things out with the bank. I received the trustees objections to my plan before the hearing. He called me to make sure I understood them. The only objection I have is the feasibility of my plan if I do not receive a loan modification. I was also instructed by the judge to stay in touch with the trustee and work with him on these issues. Time is on our side if we are trying to save our homes. It seems that the court is open to giving us a chance. I will have to convert to a Chapter 7 if I don't get the modification, but I am doing my best to remain hopeful. It is very hard when you have been dealing with the B of A for over a year to think they have any intention if helping homeowners.

    The current hurdle is figuring out how the lien stripping of the second gets approved by the BK court. I need this to happen so the first can use the Chapter 13 plan for my current expenses. Any one have any experience with this?

    #2
    Torra.
    Congrats on doing it yourself and getting (so far) good results!
    I couldn't find anyone who wanted to help me try to save my home until the 11th hour, but I got it filed on Tuesday to save my house from sale on Wednesday, tho not due to foreclosure.

    I'll be interested in following along your story....I'll need an extension of alimony in order to afford my home and possibly I'll need to be able to assume the mortgage to get X off of it entirely. Hopefully, like you, if I need more time to get the loan, I'll get a continuance.

    What did your plan look like? I've got about 10 days to come up with my plan with my lawyer, but I have no idea what one actuallly looks like.

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      #3
      Originally posted by Torra View Post

      snipped...

      The current hurdle is figuring out how the lien stripping of the second gets approved by the BK court. I need this to happen so the first can use the Chapter 13 plan for my current expenses. Any one have any experience with this?
      The lien strip doesn't happen until you've completed the bankruptcy (upon discharge).

      Perhaps what you can do though is state that you are filing a Chapter 13, that you are also filing a motion to strip the 2nd, and then don't put the seconds payment amount on your modification paperwork. I wish you luck.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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        #4
        I am in Hawaii and our Chapter 13 plan looks very different from the one in the Nolo Book. Have you gotten one of these books yet? All the forms are in there and instructions on how to fill them out. Even though our plan looks very different in this state, the guidelines are similar. They are based on you income and the state you live in. You have to pay in to the plan at least the value of property that would be liquidated in a Chapter 7 after your exemptions.

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