I was served today

[eddiep]

I got a summons today, they stuck it in the door, my kids were home but they didn't knock on the door, just stuck it in.

This was for a CU that I havent paid since July 2008, they are seeking a lien on my property. They have been the most aggressive creditor, so I was not surprised by this.

Thank god for this website, I would probably be freaking out right now. The court date is June 2nd, I plan to file in May, just waiting for final paperwork from loan modification to arrive (two down, one to go), so if I file before june 2nd I am fine, if I file after that my lawyer will have to strip lein right? Can somebody reassure me that this is nothing to worry about?

[liz417]

Don't worry, you'll be fine as long as you file before the court date Otherwise, there will be more work for your attorney (and more $$).

Hang in there

[eddiep]

should I reply to buy myself one more month cushion?

[JRScott]

No there is no need to reply to the summons especially if you know you owe it.

File before the court date, include the case # from the summons in the appropriate area of the petition. If you are filing with a lawyer make sure he sees the summons so he can get them on the creditors list etc.

You will still have to appear on June 2nd most likely, just take your case #, district filed, lawyer, chapter filed info with you.

[rockyroad]

If for some reason you cannot file before the appearance, then file an answer to the summons...that will buy a little time. I noticed on my local dockets that filing the answer is buying about 5 months or so (at least with AMEX and their local attorney)
Default judgments, however, are not taking much time at all.

[eddiep]

Thanks, for the advice, I really would like to file in May but waiting for finalizaiton of the mortgage modification. June is the worst month because we need a 401k payout in december. May is fine because no income in November, July is fine because payout will fall off and income is below median, wish me luck, this is going to be a stressful month if BoA doesn't get this mod completed.

[2xBK]

I too am attempting a loan mod prior to filing a chapter 7. It's my understanding that any mod will become null and void as soon as I file, just like the regular mortgage I had would also be discharged (if not reaffirmed). I would like to hear from others that have done a loan mod and filed bk13 or 7 immediately afterwards. Does this anger the mortgage company more so than no mod before filing?. I'm concerned because mine is in foreclosure and scheduled for auction. I can cure the arrears without the mod but I'm afraid the mortgagor will file to lift the stay and proceed with the sale... thinking I took advantage of them before filing.

???

[eddiep]

I have never heard that loan mod would be null and void if bk after. I have been up front and told them I am filing for bk. I had a discussion about the modification with my lawyer today and he said that once I complete my obligation (sign, notorize and return official loan mod documents) that the mod becomes a legally binding contract and they can not withdraw the modification. I do know that it has to be complete prior to filing because bank can not contact/negotiate with me while under automatic stay.