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Rule 3002 - As applied to obtaining discharge.
How about filing a Declaration in support of Trustee's Notice spelling out
what you just explained ...
On Tue, Apr 3, 2012 at 6:05 PM, R Grace Rodriguez wrote:
> **
>
>
> Dear members.
>
> I filed chapter 13 for client 2 years ago. She had very little going into
> the plan other than arrears to lender and about 6K in unsecured claims.
> Recently lender gave client a loan modification and amended proof of claim
> to ZERO on the arrears. So the money paid into the plan went to pay the
> rest of her creditors. They were paid 100% on all claims. So trustee
> filed Chapter 13 Trustee's Notice of Intent to File Trustee's Final
> Report and Account, Obtain Discharge of Debtor and Close Case. BUT her
> lender on her primary residence, the one who gave her the loan modification
> states that she is delinquent 3 payments POST-PETITION. Debtor's lender
> filed a Response to Notice of Final Cure Payment Rule 3002.1 stating that
> she was fine pre-petition but was behind 3 payments post petition. This is
> absolutely not true.
>
> I did the research and found out that TRUSTEE had sent payment to Lender
> before the loan modification was finalized. So that amount of money was
> never credited towards her account. The loan modification papers did not
> credit her with that Trustee payment. So after the loan modification was
> finalized we contacted them to say that they didn't credit her what the
> trustee had paid them. So their response was to send back the money they
> paid to the Trustee, and DEDUCT that amount from what she had paid to them
> post-petition.
>
> I have provided their attorney with copies of all of her payments, bank
> statements to show that the checks were cashed, and that they were never
> backed out. She has a perfect payment history. Yet they refuse to correct
> the Response. This has been ongoing for a month now.
>
> I'm not sure what to do now. I reviewed FRBP 3002.1 which references the
> Response for Notice of Final Cure Payment but not sure what I'm suppose to
> do next. Any suggestions? Can I get attorneys fees because of their bogus
> claim?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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How about filing a Declaration in support of Trustee's Notice spelling out what you just explained ...On Tue, Apr 3, 2012 at 6:05 PM, R Grace Rodriguez <
Dear members.I filed chapter 13 for client 2 years ago. She had very little going into the plan other than arrears to lender and about 6K in unsecured claims. Recently lender gave client a loan modification and amended proof of claim to ZERO on the arrears. So the money paid into the plan went to pay the rest of her creditors. They were paid 100% on all claims. So trustee filed
The post was migrated from Yahoo.
Dear members.
I filed chapter 13 for client 2 years ago. She had very little going into
the plan other than arrears to lender and about 6K in unsecured claims.
Recently lender gave client a loan modification and amended proof of claim
to ZERO on the arrears. So the money paid into the plan went to pay the
rest of her creditors. They were paid 100% on all claims. So trustee
filed Chapter 13 Trustee's Notice of Intent to File Trustee's Final Report
and Account, Obtain Discharge of Debtor and Close Case. BUT her lender on
her primary residence, the one who gave her the loan modification states
that she is delinquent 3 payments POST-PETITION. Debtor's lender
filed a Response
to Notice of Final Cure Payment Rule 3002.1 stating that she was fine
pre-petition but was behind 3 payments post petition. This is absolutely
not true.
I did the research and found out that TRUSTEE had sent payment to Lender
before the loan modification was finalized. So that amount of money was
never credited towards her account. The loan modification papers did not
credit her with that Trustee payment. So after the loan modification was
finalized we contacted them to say that they didn't credit her what the
trustee had paid them. So their response was to send back the money they
paid to the Trustee, and DEDUCT that amount from what she had paid to them
post-petition.
I have provided their attorney with copies of all of her payments, bank
statements to show that the checks were cashed, and that they were never
backed out. She has a perfect payment history. Yet they refuse to correct
the Response. This has been ongoing for a month now.
I'm not sure what to do now. I reviewed FRBP 3002.1 which references the
Response for Notice of Final Cure Payment but not sure what I'm suppose to
do next. Any suggestions? Can I get attorneys fees because of their bogus
claim?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
Dear members.I filed chapter 13 for client 2 years ago. She had very little going into the plan other than arrears to lender and about 6K in unsecured claims. Recently lender gave client a loan modification and amended proof of claim to ZERO on the arrears. So the money paid into the plan went to pay the rest of her creditors. They were paid 100% on all claims. So trustee filed
The post was migrated from Yahoo.