rare2findd asked:


..
Court says to convert to Chapter 7, but can’t because was behind on mortgage payments. Am paying arreages alsol Commenced payments ON TIME in November 07 (and since) and made additional payments under the Plan. No equity on house. Now court says the Plan has to be re-done or will be dismissed. Why does Trustee want more money if Means Test gave them correct disposable income? A friend went through 13 also. The lawyer figured her payments to trustee (and secured creditors, with unsecured creditors receiving 23 cents on the dollar) to be 370 per month. SHe was just confirmed. But has to pay 648 a month OVER AND ABOVE her mortgage.
Is something going on with the Trustees that we don’t know about?
I read several articles on line about Trustees being dishonest.
Who can I complain to. They were talking about higher payments at First Meeting of Creditors, But as it stands I have very little left after mortgage payment and separate amount paid to trustee.
Grumpy:
“You stated that you are delinquent with your mortgage –have no equity. You are also trying to protect something that is a liability rather than an asset. The court sees this. You do not belong in a Chapter 13, you belong in a Chapter 7.”

are you really an attorney? Most 13 filers are trying to SAVE their homes AND are in arrearages!! My plan was for five years – ALL arrearages would be paid. ALL are BEING paid each month. PLUS the trustee had no problem with the PLAN at the First Meeting. No one appeared for the mortgage company and no other creditor appeared. So. are you saying that a million people filing 13’s to save their homes belong in a 7? Are you saying that over a million people whio file 13’s are trying to hold on to a “liability.”?
That’s odd, because my understanding is that with a 7, if you are behind you can’t save your home. You do a 7 if you are CURRENT on your mortgage payments.
You’re a bankruptcy lawyer?
hummm.
I hope you read this…
humm
Grumpy removed his answer because its doubtful that he is a bankruptcy attorney as he represented he was. His suggestion was way off base and not one that would be given by a legitimate attorney.