What is the name of your state? Arizona
Hello ~
I filed Chapter 13 in December, 2004, after falling behind on my mortgage ($4,000). In February, I started making my regular mortgage payments plus a BK payment. In October, 2005, I received my mortgage payment back. I wrote a letter to their attorney requesting that he speak with his contact and send my payment to them. I did not hear back from the attorney. The same thing happened in November, so I again forwarded my payment to the attorney
In December, we had a hearing on my Objection to Proof of Claim (principal balance stated was $10,000 over what I actually owed). Just prior to the hearing, they filed an Amended Proof of Claim, lowering it by $7,000.
The day of the hearing, the company’s attorney did not show. I told the judge I had tried to contact him several times, with no success. He stated that he would order him to contact me so we could come to an agreement on the amount owed when complete, provide the information to the judge.
It has been nearly four months, and I still have not heard from the attorney, although I have tried on numerous occasions. I contacted my trustee who told me the attorney appeared before the judge in January and stated that I was 6 months behind in my payments (which was untrue, not even a late payment) and they were going to file a Motion For Relief. That has not happened yet.
My question…how do I properly contact the judge with this information? Do I need to file some kind of motion, or may I simply write a letter? Also, is this something I should probably hire legal counsel for rather than proceeding on my own as I have for the past year?
Any assistance would be greatly appreciated. Thank you.What is the name of your state?
Hello ~
I filed Chapter 13 in December, 2004, after falling behind on my mortgage ($4,000). In February, I started making my regular mortgage payments plus a BK payment. In October, 2005, I received my mortgage payment back. I wrote a letter to their attorney requesting that he speak with his contact and send my payment to them. I did not hear back from the attorney. The same thing happened in November, so I again forwarded my payment to the attorney
In December, we had a hearing on my Objection to Proof of Claim (principal balance stated was $10,000 over what I actually owed). Just prior to the hearing, they filed an Amended Proof of Claim, lowering it by $7,000.
The day of the hearing, the company’s attorney did not show. I told the judge I had tried to contact him several times, with no success. He stated that he would order him to contact me so we could come to an agreement on the amount owed when complete, provide the information to the judge.
It has been nearly four months, and I still have not heard from the attorney, although I have tried on numerous occasions. I contacted my trustee who told me the attorney appeared before the judge in January and stated that I was 6 months behind in my payments (which was untrue, not even a late payment) and they were going to file a Motion For Relief. That has not happened yet.
My question…how do I properly contact the judge with this information? Do I need to file some kind of motion, or may I simply write a letter? Also, is this something I should probably hire legal counsel for rather than proceeding on my own as I have for the past year?
Any assistance would be greatly appreciated. Thank you.What is the name of your state?