I am a bankruptcy attorney and I would be happy to assist you. I am sorry to hear about your matter and understand that Chapter 13 can be very difficult to understand, Let me clear up your confusion on all of the issues. First, the creditors are required to file a proof oc claim with the court. The proofs of claim are actually the correct numbers, even if you don't agree. The reason is that these numbers have included interest and their attorneys fees up to that date. Your bankruptcy did not stop the amount from escalating since it is a secured debt. Further, they had to retain an attorney after you filed bankruptcy which would have compounded the amount due to attorneys fees and legal costs. The 1st mortgage is the only proof of claim
you should be concerned with. It should have a copy of your original mortgage signed by you, attached to it. Make sure it has your name and it is not someone else's mortgage. Next, you should not be concerned about the 2nd mortgage. Although your attorney has filed a motion to strip the lien (and it sounds like it was granted since your plan was approved), let me explain this further since most debtor's in bankruptcy are confused about what "stripping" means. Essentially, your 2nd mortgage is not YET gone. In order for it to be fully removed from your case, you must continue to make payments to the trustee
and complete your 3 or 5 year plan. Only then will you recive a discharge. Then, when you recieve your discharge, you may go and complete whatever is required in your county recorder's office to take the lien 2nd mortgage lien off the house or request that the 2nd mortgage company do it. You will need a copy of the order (you can get a copy at the court clerk's office) and your discharge which will come in the mail. Many times debtors are unable to make it all the way through a Chapter 13. If that were to happen, the 2nd mortgage would come back as if it never left. This is why they filed a proof of claim.
With regards XXXXX XXXXX attorneys fees, typically in a Chapter 13 debtors will pay a flat fee. For example - $1500 before the case is filed by the debtor and $3500 in the plan. HOWEVER, Chapter attorney fees bill by the hour. So if a client's calls, meetings, work in file exceeds that amount, OR if work is performed after confirmation of the Chapter 13 plan, the attorney may file a motion to request that they be paid in the plan. Attorneys do not work for free and they flat fee that a client pays is not limitless. You should read your original attorney retainer agreement close. Your attorney probably charges $300/hour which is the norm in the industry. Your emails would have required he go and research your case, evaluate the docket and other documents in your file in order to respond to you. Unfortunately, most bankruptcy attorneys have so many clients that we can not remember them all, which is why when a client asks a question we have to go back and review your file, which we are sure that the clients appreciate so we aren't telling incorrect information. The motion your attorney filed with the court is so that your attorney can be paid out of the plan. It merely decreases the amount that the unsecured creditors get. So think of it this way - your attorney is going to be paid for the work he did for you instead of some credit card company or your second mortgage. Therefore, your attorney is entitled to ask to be paid for providing services in excess of what he was obligated under the attorney retainer agreement. In the future though, you should not hesitate to contact him if you have a problem, but remember that he has the right to file a motion to be compensated.
I hope my answer has assisted you and that you will provide me a positive rating!