Most common issues while in a chapter 13 case
A short list of some of the most common situations that arise while a person is in a chapter 13 case and answers to how to handle the each issue
Making ongoing mortgage payments directlyWhile many courts require that you pay your ongoing mortgage payments to the trustee in your case and then he or she sends the payment to the mortgage holder (called conduit payments) some allow you to choose to make them directly. If you choose to make them directly, you should be prepared for the mortgage company to not allow you to make them over the phone or online. It is better to send them in by check, anyway, so that you have good records of payments.
What is a Motion for Relief from Stay?If you are paying a secured creditor directly, outside of your plan payment, and you get behind in the payments after you file your case, the creditor may choose to file a motion to ask the court to be allowed to repossess the property or foreclose on your real estate. These are set for a court hearing and there are some options for resolving them without losing your property but you should immediately call your attorney if you receive such a motion