Legal Question in Bankruptcy in Missouri

I filed ch apt 13 in sept 2005 durring my bankruptcy my loan was purchased by another mortage co I paid 40.200 dollars while in bankruptcy now the mortage co is saying I owe them almost 9.000 dollars and my attorney is suggesting I file another chpt 13 please help me I'm very confused


Asked on 4/12/12, 6:24 pm

2 Answers from Attorneys
Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

Without more information, it's just about impossible to answer this question.

Did you receive a discharge in your Chapter 13? Or was your case dismissed? Was part of the Chapter 13 plan to catch up an arrearage, and if so, did this happen? Do you have an adjustable or fixed rate mortgage?

There are many factors that might cause there to be a deficiency at this time, which I calculate to be almost 2 years from the latest date your Chapter 13 might have ended. Ask your attorney to send you a letter in plain English explaining the basis of the new mortgage company's claim for the arrearage.

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Answered on 4/12/12, 7:54 pm
Charles Andersen Charles Andersen, Atty

Bankruptcy Lawyer in El Cajon If the lien was non voidable it's possible that you stopped paying after or during the bankruptcy and incurred new arrears. Talk to your attorney for clarification as he knows the facts of the case.

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Answered on 4/12/12, 9:33 pm


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