What happens if a mortgage holder does not file a claim on a Chapter-13 case?
Manchester, TN | February 19, 2012 1:30pm
Went into Chapter-13 plan in 2009. In 2011, after reviewing creditor balances, I voluntarily had the plan dismissed to deal with creditors directly. All creditors were easy to work with. Only issue was with Bank of America mortgage. Arrears amount was large due to time lag from when BOA first started receiving payments in the plan, having been a few months behind when starting the plan, and BOA taking forever to acknowlege plan was dismissed and not accepting payments during that time. Re-filed a C-13 due to that. It has now been 5 months and BOA has not filed a claim on the new plan. C-13 trustee has now dispersed monies held for mortgage payments to other creditors, and attorney has been unable to get BOA to file a claim. What happens now? If an
attorney can't get BOA to respond?
Michael James Gieseke
Posted February 19, 2012 2:33pm
You may want to contact the chapter 13 trustee and ask if they have disbursed plan funds to unsecured creditors that were allocated to the mortgage company to cover your arrears. Your chapter 13 plan specifies a particular allocation scheme for the funds you pay to the trustee. Even though the trustee is making disbursements to some of your creditors, the trustee may simply be holding the funds for Bank of America until they file a proof of claim.
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