Chapter 13 rights question

[jatrema]

What is the name of your state? Conn.

I have filed chapter 13. One of my creditors is my condo assoc. They have filed a proof of claim for fees owed. The period covered was 6/1/02 - 1/31/03, I have payed all other dues starting from Feb after we filed so this should bring my payments legally up to date. My question is can they deny me any of my condo rights now that I have paid on time and they will be getting paid by the trustee?

 

[HomeGuru]

What is the name of your state? Conn.

I have filed chapter 13. One of my creditors is my condo assoc. They have filed a proof of claim for fees owed. The period covered was 6/1/02 - 1/31/03, I have payed all other dues starting from Feb after we filed so this should bring my payments legally up to date. My question is can they deny me any of my condo rights now that I have paid on time and they will be getting paid by the trustee?

**A: and specifically what rights are you questioning?

 

[jatrema]

They are denying me rental of the clubhouse.

 

[HomeGuru]

They are denying me rental of the clubhouse.

**A: yes since the HOA did not get paid yet.

 

[jatrema]

Technically the HOA's attorney has opted for the court payments from the trustee. Can I negotiate a settlement with him to pay the fees in return for him dropping the claim?If not then I am meeting my obligations.

 

[jatrema]

Moving back up to see if anyone has an answer to the previous question.

 

[HomeGuru]

Technically the HOA's attorney has opted for the court payments from the trustee. Can I negotiate a settlement with him to pay the fees in return for him dropping the claim?If not then I am meeting my obligations.

**A: you need to get Trustee approval and then the approval of the HOA attorney.

 

[Elmo-1]

You don't want to persponally pay what's already setup to be paid by the Court/Trustee. You can make a written request to the Trustee to catagorize their claim as priority unsecured, if it's not already in this catagory. This way they would get paid before any payments go to non-priority unsecured. If it's already considered a priority claim, you may have to wait until they're 100% paid from the plan.