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? from IL...was very close to forclosure, filed ch. 13 in July. Have made all post petition trustee pymts., just found out that the mortgage co. sat on my first 3 post petition mortgage pymts. This explains why they filed a motion to lift the auto. stay - although with no notification to my attorney of the hearing. The stay was lifted, I tried to make further mortgage pymts. which, of course, they would not accept. My attorney is holding them for me currently. The trustee dismissed my case a few days ago b/c of the mortgage co.'s statement of no post petition payments. I have submitted all of the doc's showing that I did make the pymts., they were given to opposing counsel who have not replied...the last day for my attorney to be able to vacate the dismissal is the day after xmas, can't do that though until someone from the atty. from the mortgage co. agrees to reinstate the plan. Why does something not smell right here? I really do not want to refile the plan, but will do whatever I need to in order to keep my home. Thanks for any help!!!
 


HomeGuru

Senior Member
You are correct. Something is not right. If the Trustee had evidence ie. copies of cashier's checks for the monthly mortgage payments, the BK should have been left intact.
It appears that your attorney is incompetent.
 

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