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341 Meeting coming soon...question about creditor appearance

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    341 Meeting coming soon...question about creditor appearance

    My 341 meeting is scheduled for May 4. I saw that my mortgage company has filed a notice to appear, but I am keeping my home and am current on payments. Why would my mortgage company want to appear for this?

    #2
    It may be automation. E-filling is being encouraged and in fact mandated at certain courts. So they could be running some software that has them auto appear when they got notification in your mailing matrix

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      #3
      Originally posted by Tchr2012 View Post
      My 341 meeting is scheduled for May 4. I saw that my mortgage company has filed a notice to appear, but I am keeping my home and am current on payments. Why would my mortgage company want to appear for this?
      A notice to appear is usually that the mortgage company has an attorney and they want all notices to go through that attorney. A Notice of Appearance and Request for Notice, which is what it is usually called, is filed when a creditor is represented by an attorney. This puts the debtor, creditors, Trustee, United States Trustee, and the court on notice of the official name, address, and other contact information for the lawyer or firm representing the creditor.

      Since you have a mortgage, the creditor definitely wants an attorney to review anything in the case. That attorney will likely deal with any reaffirmation agreement that may be entered. If you want more information on a reaffirmation agreement, just ask. Know that most attorneys will discourage their clients from entering into a reaffirmation agreement where it is not otherwise required.

      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
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      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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