.jpg)
CH 13 - When lender won't apply (or hasn't yet applied) the funds on
I have two chapter 13s where the mortgage payment crossed in the mail as we
were filing the petition. In both cases the lenders filed a proof of claim
showing one month in arrears, and they confirm over the phone that they are
holding one months' payment which would cover the arrears.
One of the lenders said they'd apply the funds and amend their POC to zero,
but hasn't yet. The other one doesn't return phone calls or emails, but
over a month ago said they would do the same. Confirmation is coming up in
both cases in a little over 2 weeks and these POCs are the only things
holding up my confirmations. Can I file an amended Plan that simply says
lender's prepetion arrear will be cured by it applying the funds it has on
hand? I don't want to hold up confirmation waiting for these lenders to do
what they said they'd do. I didn't file an objection to their POCs because
they said they'd take care of it on their end.
What do you do in these situations?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
I have two chapter 13s where the mortgage payment crossed in the mail as we were filing the petition. In both cases the lenders filed a proof of claim showing one month in arrears, and they confirm over the phone that they are holding one months' payment which would cover the arrears.
One of the lenders said they'd apply the funds and a
The post was migrated from Yahoo.