What is the name of your state?What is the name of your state? California We completed a 5 yr. CH. 13 BK. in 2003. The filing was due to a predatory loan servicer (Fairbanks Capitol Corp)that was trying to charge me late fees and atty. fees and misc. fees, eventually trying to forclose on my home. My payments were sent next day mail and I had all my cancelled checks. They started out with a claim for $27,000. Our attorney went back and forth eventually convincing us to settle on $12,000, which I was not happy about. So, after they tacked on interest and whatever charges, they were paid $16,000. They took my payments I made outside of the Bk. and applied them to prior months, plus adding late fees to those. Also, there was a $13,651 arrears only child support owed. After paying all this money back over a 5 yr. period, we came out owing the Child support services over $12,000 and 8 months after discharge, I get a notice that I am being foreclosed on my home due to 3 payments that we not recieved. I had the cancelled checks in my hand and also told them that since I was in a CH. 13 BK., that it would have defaulted my Bk. if I was not current with payments at the time they stated.
Well, went back to the same attorney, and he said the only way to clear this up is to file another Ch. 13. So, to stop a forclosure, I did. Also after reserching the child support accountings, I discovered there were many payments made that were not credited all the way back to 1984.
After my Attorny went back and forth with the predatory loan servicer, they agreed I was not in default and that I just owed the 4 payments that they returned to me.
I suggested to attorney to reopen the previous Ch. 13 and to have the court do something about the misapplications of payments outside the Bk. and misc. fees. Also, he said he would sue for wrongfully trying to foreclose on me.
Well, after a year and a half we are going to our confirmation before the judge next week.
I do not agree with the amounts on the child support. The judge had us get an accountant that charged $100.00 an hour to figure out the correct accounting, that is because when our attorny filed the accounting that I did, he included all the wage garnishment statements. tax intercepts, a 2nd wage garnishment, but he failed to file my accounting. Therefore, the judge is looking at all these pay reciepts and can't figure anything out. Due to the attorney not filing my accounting, that is when the judge said get a forensic account or get this case dismissed. I asked the judge if I have proved we were not credited properly for the arrears only child support, would Child support services be responsible for payment to the accountant. He said no. Accountant ended up charging $5,786.00 and this was due to no cooperation from Child support, delay tactics, and after going over the acounting in our attorneys office with the attorney from Child support, Child support attorney was shown paystubs and the whole account month by month week by week. Child support attorney agreed to a figure of $1,400. So accountant prepared accounting to file with the court, making 4 copies of each page, charging me close to $400 for that. Then 2 days before we go before the judge, child support attorney says oops, I guess I am wrong, you still owe the original amout we started out with in our claim. After I perserveered,and with much distress to our attorney, and really no help from the accountant, I got them down to $6,500, which if I did not have that accountant, I would have owed less, although I do not agree with this figure either. My attorney had talked with the Trustee prior to our 341 meeting and the trustee said he may apply to the court for more money since this took so long. My agreement with attorney was for $2,000 a straight Bk. and for $2,500, he would represent me in any adversary hearings or court room appearances. I want to know where or who I can turn to to explain with documentation all the wrong doings that were done. My attorney even forgot to include the 10% interest on child support, which caused the original balance not to be paid off in the 1st Ch. 13 BK. This time in the 1st petition it said pay $251 a month for 30 months to pay off arrears and interest to child support. He then amended it to say pay $211 a month for child support for 30 month and did not include the 10% interest that accrues monthly on the balance. I think due to his age and failing heart, he is not getting all the oyxgen his brain needs, and I mean this seriously. Who do I go to with my concerns about being misrepresented, not having my requests adhered to ? He didn't even file contempt of court charges when the child support put a lein on my property when there was a stay in effect. Nor did he file contempt when they sent me notices about reporting us to credit bureaus and reporting us to the Irs so they could take our hoime or bank accounts, all this while a stay is in effect. PLEASEEEE I need help desperately as to where I can go, and to whom I can contact to to bring these things to the courts and the Trustee's attention before this is confirmed. Sorry about the multiple issues I have addressed, but after spending a year in front of my computer, researching Bk codes, State codes, Federal codes, and doing all the accountings I am about ready to break down if these issues are not seen to and we get reemed again. I am in California. Thank you. Any help would be appreciated ASAP.
Claudette
Well, went back to the same attorney, and he said the only way to clear this up is to file another Ch. 13. So, to stop a forclosure, I did. Also after reserching the child support accountings, I discovered there were many payments made that were not credited all the way back to 1984.
After my Attorny went back and forth with the predatory loan servicer, they agreed I was not in default and that I just owed the 4 payments that they returned to me.
I suggested to attorney to reopen the previous Ch. 13 and to have the court do something about the misapplications of payments outside the Bk. and misc. fees. Also, he said he would sue for wrongfully trying to foreclose on me.
Well, after a year and a half we are going to our confirmation before the judge next week.
I do not agree with the amounts on the child support. The judge had us get an accountant that charged $100.00 an hour to figure out the correct accounting, that is because when our attorny filed the accounting that I did, he included all the wage garnishment statements. tax intercepts, a 2nd wage garnishment, but he failed to file my accounting. Therefore, the judge is looking at all these pay reciepts and can't figure anything out. Due to the attorney not filing my accounting, that is when the judge said get a forensic account or get this case dismissed. I asked the judge if I have proved we were not credited properly for the arrears only child support, would Child support services be responsible for payment to the accountant. He said no. Accountant ended up charging $5,786.00 and this was due to no cooperation from Child support, delay tactics, and after going over the acounting in our attorneys office with the attorney from Child support, Child support attorney was shown paystubs and the whole account month by month week by week. Child support attorney agreed to a figure of $1,400. So accountant prepared accounting to file with the court, making 4 copies of each page, charging me close to $400 for that. Then 2 days before we go before the judge, child support attorney says oops, I guess I am wrong, you still owe the original amout we started out with in our claim. After I perserveered,and with much distress to our attorney, and really no help from the accountant, I got them down to $6,500, which if I did not have that accountant, I would have owed less, although I do not agree with this figure either. My attorney had talked with the Trustee prior to our 341 meeting and the trustee said he may apply to the court for more money since this took so long. My agreement with attorney was for $2,000 a straight Bk. and for $2,500, he would represent me in any adversary hearings or court room appearances. I want to know where or who I can turn to to explain with documentation all the wrong doings that were done. My attorney even forgot to include the 10% interest on child support, which caused the original balance not to be paid off in the 1st Ch. 13 BK. This time in the 1st petition it said pay $251 a month for 30 months to pay off arrears and interest to child support. He then amended it to say pay $211 a month for child support for 30 month and did not include the 10% interest that accrues monthly on the balance. I think due to his age and failing heart, he is not getting all the oyxgen his brain needs, and I mean this seriously. Who do I go to with my concerns about being misrepresented, not having my requests adhered to ? He didn't even file contempt of court charges when the child support put a lein on my property when there was a stay in effect. Nor did he file contempt when they sent me notices about reporting us to credit bureaus and reporting us to the Irs so they could take our hoime or bank accounts, all this while a stay is in effect. PLEASEEEE I need help desperately as to where I can go, and to whom I can contact to to bring these things to the courts and the Trustee's attention before this is confirmed. Sorry about the multiple issues I have addressed, but after spending a year in front of my computer, researching Bk codes, State codes, Federal codes, and doing all the accountings I am about ready to break down if these issues are not seen to and we get reemed again. I am in California. Thank you. Any help would be appreciated ASAP.
Claudette