Time to take ALL the court documents and the creditor's documents to another attorney for a REVIEW. He/she may or may not be able to do anything differently, but you will find out when he/she understands your case. It will be well worth the consultation fee for peace of mind. Good luck.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
Filing another chapter 13 probably isn't a good move - this strategy is called "serial filing" and the bankruptcy laws place impediments that make doing this unattractive. Consult another attorney if you like regarding your questions but I would not recommend dismissing and filing another case unless you have no other choice. Hope this perspective helps!
It may be possible to modify your current Ch. 13 plan. Your mortgage company can demand fees and costs for any foreclosure sale that was pending prior to your filing bankruptcy. They also have to show you what payment and expenses were not paid in their claim. You can then provide them with your copies of checks or money orders that prove what payments you made. Unfortunately, the mortgage company could be correct as the foreclosure fees are generally around $2,000.00. Have another bankruptcy attorney licensed in Minnesota take a look at your case and see if your Plan can be modified to give you some relief.
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If the attorney is trying to collect post petition fees for objecting I a claim, he is probably violating the statement of compensation he provided to the court.
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Has your Chapter 13 Plan been confirmed? If so, how was it confirmed when the mortgage arrears owed is not clear? You do not necessarily have to go before the judge, but at some point you have to if you cannot agree with the mortgage company on the amount of missed mortgage payments. It should be pretty easy to be able to prove the payments you made and the payments you did not make . . . . . . . It is not necessarily your attorneys fault either. There are issues sometimes with how mortgage companies calculate missed property tax payments in escrow accounts. I have run across a lot of funny math with it comes to escrow accounts. Seek a second opinion.
Ryan C. Wood is a Bay Area bankruptcy lawyer and has been practicing exclusively bankruptcy law in California since 2007. Mr. Wood formerly worked for David Burchard, Chapter 13 Trustee for the Santa Rosa and San Francisco Divisions of the United States Bankruptcy Court for the Northern District of California. West Coast Bankruptcy Attorneys has filed hundreds of bankruptcy cases and has an “A” rating by the Better Business Bureau.
Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be legal advice or create an attorney-client relationship. Always consult an attorney in your jurisdiction about your particular circumstances.