arizona native
Junior Member
Okay here is the question. We are currently in month 54 of 60 chapter 13 BK. We had our "stay" lifted because we got behind on post petition mortgage payments. Have paid all post petition arrearage to mortgage company this week. They stated they will put the stay back in place and the remainder of payments owing thru BK will be back in with the BK. I have the funds to pay them directly the amount owing that was originally included in BK. If I have them NOT put the stay back in place, can I 1) pay them what was originally included in BK directly? 2) save myself the $ the trustee would charge me which is 9.8% of amount owing, which his portion would be almost $800.00. Or do I have to pay the trustee his portion of the amount origianlly included even if payment is NOT distibuted through him? Trying to save myself some $ here. My "attorney" has been less than helpful providing any answers and really doesn't seem to care about getting me any answers. He keeps telling me he has no idea what is going on with my case and transfers me to his secretary (who is not an attorney or even a paralegal) to give me answers and advice. HELLOOOOO, what the heck?
Thanks so much for any insight or answers.
Thanks so much for any insight or answers.