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Found 6 results

  1. I recently filed chapter 13 as a way to save my home from foreclosure. There are 10 payments that were made (before bankruptcy was filed) that the mortgage company never applied to my account. I keep asking (and emailing) my bankruptcy attorney about it but have yet to receive a response. To top it off, my loan was just switched to a new servicer. What can I do or who do I need to talk to to get my account credited for these payments? If a "lender" has provided incorrect balance, fee and/or charge information to the BK court, shouldn't my BK attorney be looking at challenging these errors?
  2. Hello All, I have made some extremely stupid decisions this past 2-3 years and it has left me in a huge hole that looks impossible to get out of and I am looking for advice or any suggestions on what to do. I have been a gambling addict for the past 2-3 years and as of 2 weeks ago have finally confessed to this and I am now seeking help and have been free for 18 days now, this is my current financial situation: Creditor Name Payment Due Date Original Loan Amount Current Balance Monthly Payment Percentage of Debt Interest Rate Loan Term (Months) Disover Card 2nd $0.00 $2,334.20 $69.00 2.11% 23.24% N/A Chase Card 0872 15th $0.00 $2,630.00 $26.00 2.38% 15.24% N/A Chase Card 6214 24th $0.00 $3,002.00 $30.00 2.71% 18.24% N/A Paypal Credit ? $0.00 $3,500.00 $0.00 3.16% ? N/A CitiCard 0534 1st $0.00 $6,923.74 $101.00 6.26% 28.99% N/A CitiCard 1857 17th $0.00 $7,995.00 $119.00 7.22% 28.24% N/A Bremer Bank 1st $0.00 $8,036.83 $164.00 7.26% 24.24% N/A OneMain Financial 1st $10,000.00 $8,825.51 $314.89 7.98% 21.94% 48 Lending Club 1st $20,000.00 $16,779.0 $804.54 15.16% 25.88% 36 Prosper 1st $20,000.00 $17,088.9 $697.33 15.44% 15.41% 36 SoFi 1st $35,000.00 $33,543.5 $589.58 30.31% 10.88% 84 This is a breakdown of my monthly Living Expenses: Item: Monthly Expense Charity $240.00 Housing $1,414.92 Utilities $501.97 Food $306.00 Transportation $1,353.09 Clothing $50.00 Medical $290.00 Personal $280.00 Misc. Items $75.00 TOTAL: $2,915.34 INCOME: $5,766.00 Monthly Take home pay. As you can see I have a total monthly debt/expenses of $7,437.92 with only an income of $5,766.00. I have $11,000.00 in savings, and I am debating between using this 11k to pay off some of this debt, but even if I do I still cannot meet the monthly min. payments. So I am also considering to stop all of the payments on my unsecured loans and save approx. $1,600 ea month and use this and the 11k as a potential settlement 6-9 months down the road once these accounts go to collections. My other option (I think) is to file for Chapter 13 Bankruptcy, but I'm not sure that I would qualify because of my income. Any help or suggestions would be greatly appreciated. Thanks!
  3. I just don't know where to go from here. We've been dealing with this since 2010. Fell in to arrears, Indy Mac to One West/Deutsch Bank, to Ocwen. Hired an atty. but time and time again, doing absolutely everything all servicers told us to do, we still couldn't get a completed package to them. We were unprepared at court as to what would happen and accepted a judgement of $679K. IN THE MEANTIME, we were able to reduce all debt and/or pay off and our 2nd mortgage was dismissed by SunTrust. We then had to file Chapter 13 to get a stay and the sale date was cancelled. We were granted a court ordered mediation and again, several packages and the same info to the lender, through our attorney. In the meantime, we were subjected to a Federal Bankruptcy Audit (Holy moly), because our case, and numbers, threw up a red flag. We came through that just fine. Not fun, but AOK. Then, we were denied a modification based on income. They used only my husband's SS income, and not mine, which is about $150K/ year. We applied for an appeal and rec'd a notice they had received the appeal on October 6, and on October 12th, Columbus Day, they sent us a letter of denial based on the same figures they had before, which are totally out of whack, showing a DTI of 201%. We have been making our Chapter 13 payments on time and with no problem. Our principle has now increased from $679K to $723K, and the numbers on the judgement, we have found, do not include credits for taxes paid. Is there anything we have left to fight with? It just seems they have never acted in good faith... at all. The ONLY reason to stay with Chapter 13 is to make the arrears payments over 5 years. Thank you.
  4. Hi all First post, so take it easy on me I completed my chapter 13 bankruptcy in January of 2014. It only took me a couple years to complete. Most of the debt was from payday loans that I just could not catch up on. Chapter 13 was a good solution to help me organize my debt, and pay off in full without trying to manage multiple creditors. I filed in 2012. Long story short, recently I was denied credit because of a judgement on my credit report. Upon further review I found 2 judgements from 2010, prior to my bankruptcy. One of the judgements reflects that it is satisfied, and indeed that creditor was included in my bankruptcy payments. Another, is still showing outstanding from 2010. When I look at my BK ledger, I do not see the creditor in the judgement included. I am not sure if the debt was sold off and another creditor was included in the BK. When my BK lawyer reached out to my creditors during the filing, many did not repsond. This is why it took only a couple years to pay off all my debt. My question is - How do I go about having this judgement removed? Is there any legal right since it was prior to my filing and completion of Chapter 13? And since I do not see them on my ledger, is it riskier to call the creditor and ask for it to be satisfied, or do I just hold out for 2 more years and let it fall off? Any advice is appreciated. Thank you all!
  5. I filed for chapter 13 bk in NH and am making payments, my condo fees are included in the bk filing and I am paying the current fees. They have started adding "attorney legal fees" to my current fees, which makes it impossible to keep up my current payments. None of my other creditors are charging added fees that are not included in the bk. I filed the bk "pro se" so I don't have a lawyer and I don;t know if this is legal or not. I am also not sure what the fees are supposed to be for since there have no hearings in a while, and even when there where no attorney from the condo assoc. showed up. I have had no letters or any communication from a lawyer.
  6. I live in Phoenix Arizona and I filed a petition for Chapter 13 BK -- 5-year plan. I will complete 3 years of this plan in February 2013 afterwhich I plan on submitting a Voluntary Dismissal. I am reaching out to the Forum to see if anyone has had experience with this or can share the Pros/Cons. Reason for Voluntary Dismissal: Plan Base has been met.Each unsecured claimant has been paid 33% of what is owed. (100% of the secured mortgage claim file was paid).It took the Trustee a year and 7 months to respond to the Meeting of Creditors with his Trustee Recommendations (Conforming Plan). I believe by law he is supposed to respond within 35 days.Reason for filing Chapter 13: Combination of lay-off, move to Phoenix for kidney transplant, COBRA and medical bills.Found a job late 2008 (25% pay cut), but medical bills were way too much to handle.Timing Info: Feb 2010: Chapter 13 Petition & Plan filed.March 2010: First 341 meeting / submitted 2009 federal/state tax refunds / submitted 1st monthly payment.Dec 2011: Case confirmed*.Case Info: Attorney Fees = $4,000 ($2,000 up front).Plan Base = $18,000 (initially $15,000 but was raised when Conforming Plan was approved).Total Paid into Plan = $19,053 (includes Federal/State refunds)Total Paid to all Parties = $19,203 (includes remaining $2,000 Attorney fees + $820 Trustee fees)Total Paid to Creditors = $16,203 (NOTE: if necessary I am willing to pay the additional $1,797 to bring the total to $18K.)The Conforming Plan required that I also submit my tax refunds which I have done 3 times to date.Attorneys: Early 2009 I found a law firm and on my first visit I was told I made too much money for both Chapter 7 & 13. I was advised to stop the additional freelance work I was getting and come back in 6 months. I went back in 6 months and started the paperwork for a chapter 13. The Law Firm said I needed to decide prior to signing the papers whether we would communicate via phone or via Email, and I chose Email because I figured it would be a better way of documenting everything. The Law Firm that is representing me on a scale from 1-10 (1 being the worst) rates a 2.5 at best. This rating is based on the following: Between March 2010 and March 2011 I passed off to 7 different attorneys (without notification).I have to beg them to do the work. (I have documentation to verify this).Trustee Recommendations/Conforming Plan was approved/filed by my lawyer without my consent or signature despite me continually notifying them it contained an error. The Conforming Plan included my Mortgage company (I missed one payment in January 2010 in order to retain my lawyer). I paid the mortgage company this missed payment in Februray 2011 and notified my attorneys of this payment in March 2011 which was 6 months prior to the Trustee Recommendations. Therefore the missed payment should not have been a claim included in the Conforming Plan.It takes them forever to answer my emails.I figure for $4,000 they should be expected to do their job. Any help, suggestions, comments will be greatly appreciated. Thank you, SLYDE