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Recent Arrearages questions

Relevant facts: -I am a 'pro se' ch. 13 filer. -My 4th

Relevant facts:-I am a 'pro se' ch. 13 filer.-My 4th amended plan was confirmed by the court very recently.-Also recently, my mortgage lender filed a motion for relief from stay (which I expected as I was in arrears post-petition by 4 months when they filed). The morning of the initial hearing on the matter - held 8/25/16 - I discussed entering a consent order with the mortgage lender's attorney. We communicated this to the judge and he set final hearing for 9/22/2016 (this coming Thursday morning). (At that time, the judge told me that if I could not come to some sort of agreement with my lender then I could present - at the final hearing - whatever evidence I want him to consider for denying their motion to lift the stay).-I have the order in hand (they sent it to me last Thursday and followed up today asking if I agreed with it) but have not signed yet because I have a couple of questions. The 'Order Granting Modification of Stay' stipulates that I am to begin making regular monthly payments starting 10/1/16. Monthly catch-up payments will commence on that date as well (I will have 9 months to cure the arrearage). The source of funds is a gift from my spouse (we are separated currently).- According to nolo.com, "the court is predisposed to continue the bankruptcy protection." Also, "Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, .....*****or the debtor has provided for payment of the debt in a Chapter 13 repayment plan)."Questions:- Is simply modifying my current (confirmed) plan to provide for payment of the post-petition arrears (using the gift funds from my spouse) a viable option for me? Is it really very likely the court would go along with that? I would need to file my modified plan tomorrow if this is a good defense. My total arrears is $5426.48, of which $1676 are attorney's fees.-The lender's initial filing included an exhibit - a tax assessment - that was not actually for my property (it was for another condo in my building) yet represented as such (in other words, they made a mistake). Is this a potentially 'fatal defect'....possibly necessitating re-filing if I bring it up to the judge? (I did mention the defect to the lender's attorney prior to the initial hearing and she replied with "well that's actually good for my client because the tax assessment in the filing is higher than what yours actually is (I had told her mine was less) ...which means they have a smaller equity cushion.....(I understand this but the point is there is an error in the filing).I have a few other questions but would like view your replies to these first.

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Whitney, Esq.

Attorney and Counselor at Law

Juris Doctorate

168 satisfied customers
I am currently resident of Florida and reside in an

I am currently resident of Florida and reside in an apartment. Due to job loss several months ago I was late with my rent. I attempted many times to work arrangements out with my property management company however they have filed an eviction. I have recently found a new job and can afford the rent going forward. If I file Chapter 13 am I able to back the rental arrears in the payment plan? if so will that stop the eviction process?

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Roger

Litigation Attorney

Doctoral Degree

33,574 satisfied customers
I am in the appeals court and my case was dismissed mainly

I am in the appeals court and my case was dismissed mainly because i could not afford to pay the arrearages for the mortgage.I appealed the lift of automatic stay and my objection to their proof of claim that was over ruled. Now the opposition has informed the appeals judge that my case was dismissed and now the appeal is constitutionally moot. because i did not appeal the dismissal of my bk. I have an apeallant brief due on monday. should i submitt my applleant brief anyway because the judge falsely back dated an indorsement on the note and if left unopposed im afraid it will prejudice me in my wrongful foreclosure suit.

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Phillips Esq.

Attorney

Juris Doctor

18,302 satisfied customers
A question concerning a modified Chapter 13 plan I am

A question concerning a modified Chapter 13 plan I am working on (Pro Se): At my recent 341 meeting, the trustee told me that they do not pay interest on mortgage arrearages and therefore I would need to modify the plan. I have replaced the originally proposed interest rate and changed it to 0% on the plan form. Within that section of the form, I also have listed secured debt that I owe to my condominium association. The association has obtained judgments for the debt - awarded at 6%. Are they entitled to be paid this interest within the plan? (I did have the debt listed - with the 6% interest - right underneath the mortgage arrearage debt w/ interest and at the 341 meeting the trustee said nothing about the association debt not being paid with interest - only the mortgage arrearage....so I probably could assume it's o.k. as it is but am just double-checking).

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DrakeLAW

Juris Doctorate

622 satisfied customers
We had a bankruptcy (Chpt 13) that went over a year past the

We had a bankruptcy (Chpt 13) that went over a year past the 5 year plan with no end in sight. How do I get answers as to what went wrong?

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Terry L.

Partner

Doctoral Degree

2,866 satisfied customers
I am finishing up with a divorce,I have settled my property

I am finishing up with a divorce,I have settled my property and debt issues with my ex. Unfortunately the divorce took its toll on my personal finances and credit card balances. Before the divorce I had a credit score of 780 and never had a late payment in over 35 years. I had to use my credit cards to pay for lawyers, living expenses and legal fees. All in all they now total some $50,000 for credit card and legal fees. I have car loans for myself and my son totaling about $20,000.My alimony wit child support was about $4500 a month it is now $1792 a month. I am only making payments on the basics, car loans, insurance, food etc. I was making less than minimum payments on my unsecured debts and CC's. I had to stop last month. I am going back to court on February 23 to ask for an increase in support. even with an increase it will be hard to make payments and have a life. Therefore I am giving bankruptcy a look at and need to know "when" I should file and which might be better to file chapter 13 or 7. I know with chapter 13, I can apply for a home loan as soon as the court ordered payments have been paid off. With chapter 13 I will have wait I believe two years.Thank you

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Phillips Esq.

Attorney

Juris Doctor

18,302 satisfied customers
Chapter 13 question. the debtor received a Chapter 7

Chapter 13 question. the debtor received a Chapter 7 discharge July of 2013. she has again gotten in trouble with unsecured debt but is also facing foreclosure and has incurred significant unpaid tax debt. the debtor is well under the median. She doesn't have enough to pay the tax debt and the unsecured and the arrears on the home. can she file and get confirmed a plan which only addresses the arrears on the house and places her car in the plan but does not address unsecured and taxes?

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DrakeLAW

Juris Doctorate

622 satisfied customers
I have a question about paying a chapter 13 filing fee

I have a question about paying a chapter 13 filing fee inside a chapter 13 plan. The chapter 13 bk filing fee is $310. Can this ever be paid as part of a chapter 13 plan payment? That makes it really affordable over 60 months. Utah bk judges seem to demandthis payment be made within 30 days after filing

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52 satisfied customers
I bought a 2nd mortgage lien at a significant discount

I bought a 2nd mortgage lien at a significant discount because it was non-performing. There is equity to cover my lien. The borrower filed BK Ch 13 on 3/2015. I checked on PACER and saw that they have a confirmation hearing on 9/9/15. I wasn't part of the list of creditors. What can I do now to protect my interest?

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TJ, Esq.

Juris Doctor (JD)

10,816 satisfied customers
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