Do I need to file a motion to allow the debtor to modify his mortgage in chapter 13 (valley)?
Posted: Wed Nov 06, 2013 10:15 pm
Holly:
The filing of a bankruptcy creates an estate. The estate does not belong to the debtor. The debtor has a residual interest, but does not own the estate. In a chapter 13, the chapter 13 trustee owns the estate (ok, the 13 trustee only takes in money and disburses the money, but a trustee is a trustee. The debtor is not the trustee.) So a motion is the absolute minimum.
The debtor has no authority to sign a loan mod. The debtor doesn't even own the property. With a court order, generated by a motion, the debtor can sign a loan mod.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 6, 2013, at 7:07 PM, Holly Roark wrote:
>
> A couple years ago when I had a chapter 13 where the debtor received a loan modification. I filed a motion requesting that the court allow the debtor to enter into the loan mod. (I had heard that we should NOT style this motion as a motion to "approve" the loan mod.)
>
> I am wondering whether any such motion is still required. My case is in the valley. Any recent samples are appreciated.
>
> I will also me filing a MOMOD since the Debtor will not be paying the arrears through the plan once the loan mod is finalized.
>
> Thanks for any samples.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
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> Central District of California
> Consumer Bankruptcy Attorney
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> Los Angeles, CA 90067
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> *By State Bar of California Board of Legal Specialization
>
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
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