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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 06-03-2004, 02:48 PM
ogwhit
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AttorneyOney ( or anyone that can help ) is this right?


What is the name of your state?PA
My mortgage company filed a motion for relief from stay , MY attorney requested to have a hearing because there are many problems with this mortgage company and I guess he sent the documentation along with it.
The hearing is supposed to be tomorrow but just yesterday my attorney told me that they may adjurn it to give the mortgage company some more time to resolve the issues ( being that they started to seem interested to resolving things ). Today I called my attorney to see if the hearing is still on or has been adjurned , he said it had not been adjurned yet but if it was still on for tomorrow, we are not requested to be there , only the mortgage company. He said this is not the kind of hearing where the debtor has to be present. I never heard of such a thing, is he correct?
Are there different types of hearings that actually do not require the debtor to be there?
I don't know what to make of this, I know you said to trust my attorney but it's kind of hard to trust anyone anymore.
This whole thing is a direct result of the mortgage company going by a time barred proof of claim.
  #2  
Old 06-03-2004, 04:53 PM
Rainaraines
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Yes, there are different kinds of hearings were the debtor doesn't have to be present. You can go if you want to, but it would probably be a waste of your time, especially if they are wanting to continue the hearing.
  #3  
Old 06-03-2004, 05:48 PM
ogwhit
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Well the hearing has been postponed , the mortgage company has left us with no other option but to file a complaint against them, they want me to pay a shortage on an escrow account that is partially pre-petition and paid through the trustee , but the main problem is that they refuse to correct the problem with the proof of claim that they filed nine months after the deadline.
This is going to be a nightmare.
  #4  
Old 06-04-2004, 04:33 AM
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Join Date: Aug 2003
Posts: 302
Damn right it's going to be a nightmare. People want their g-ddamned money and they're getting sick and tired of cheats and crooks and lazy, irresponsible bums skipping out on their obligations by slithering into bankruptcy court!

That may not apply to you, but if you're one of the "honest debtors" the system is meant to protect, you've got as much of a gripe against the frauds and bums as any creditor, because abuse of bankruptcy is destroying the system. Too many people out there paying 20 cents on the dollar for their obligations only to turn around and do it all over again. It's only going to get harder for everyone, and the lawyers, including your lawyer, get their bills paid before anyone else, no matter how hard it gets. You're right to have a little healthy skepticism and an anxious sense of inquiry. Don't assume your lawyer is lying to you, but don't assume he gives a sh-t either. He gets paid either way, and the longer you and your case are tied up screwing around with disgruntled creditors, the more he gets on the bottom line.
  #5  
Old 06-04-2004, 09:28 AM
ogwhit
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Well, the cheats and crocks and irresponsible lazy bum part of your comment does not apply to me , there's only one creditor we have a problem with and thanks to them is the reason why we my husband had to file , otherwise the bankruptcy would have never happened.
The hearing is on for today and as a matter of fact my attorney is there , he's also filing the complaint based on all the violations they commited , starting with a time barred proof of claim and applying my post-petition payments to pre-petition creating such a big confusion that they don't even know what they did, not to mention that their proof of claim is higher than the one included in the plan.
We never had any problems with the previous mortgage company before , but this one is unreal.
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