Posted by: admin in chapter 13 bankruptcy rules on
Richard J asked:
The attorneys that filed my bankruptcy, having concluded their services contracted for, have informed me that the absence of a motion for relief for post petition arrears does not mean that all post petition payments were made. They also stated that the absence of an objection to discharge does not mean all post petition payments were made.
Tags: chase chapter 13 arrears, Arrears, chapter 13 bankruptcy, monthly statements, Petition, chase mortgage I have made all payments to Chase as requested on either the mortgage coupons or monthly statements they sent. Chase has responded that making payments as requested by their monthly statements does not ensure that the correct payments have been made.
BK discharges unsecured debt, not secured debt. Chase has a lien on your property. BK does not change that.
If you default on your mortgage, then they can, and will foreclose on you to recoup their loan.
I do not understand how you can pay the mortgage from your coupon book, and not be paying the correct amount. Were you late in making payments?
I do not understand your question. A Chapter 13 bankruptcy reorganizes the debts of the debtor. Debts with a secured interest (like your mortgage) are not discharged. You should have made Ch. 13 payments to the trustee. Did you?? And you have a continuing obligation to stay current. Sooo, I’m not clear on where your problem actually is.
First off all, please understand that Chapter 13 bankruptcy does not discharge debts. Only Chapter 7 bankruptcy can discharge a debt. When you are in a 13, your debts are consolidated (except mortgage and car payments) and you pay a certain amount back in a 3-5 year time period. You are than required to make your monthly mortgage and car payments. You are responsible for ensuring that the FULL mortgage payment and car payment is being made each month and that you are not behind on your mortgage or car payment, not the creditor.
In regards to the motions that were filed:
1) Motion for relief for post petiiton arrears. What this motion is for is to dismiss any payments you are behind on your mortgage, so you do not have to pay them and only these payments are dismissed. Because this motion was not filed and not granted acceptable by the court (which it probably would have been denied anyways) you are responsible for paying this arrearage and since you are now behind on the mortgage, Chase has the option of once again foreclosing on the property.
1) Objection to Discharge. I am not sure why they would even bring this up, since you are in a Chapter 13. This is done in Chapter 7 cases when a creditor does not want a debt to be paid discharged in the Chapter 7 bankruptcy. In a Chapter 13 bankruptcy your debts are consolidated and paid back within a 3-5 year time period, so they are not being discharged. You are paying them back.
Contact Chase and a print out showing any payments missed, all payments made, etc., so you can see exactly what payments you might have missed. If you can prove that all mortgage payments have been made and you are in fact no longer behind on your mortgage, inform Chase of this. If they refuse to listen, wait until they begin the foreclosure process again (keep making your payments though) and prove to the judge with your receipts, cancelled checks, etc., that you are in fact up to date on your mortgage.
Good Luck!
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