Legal Question in Bankruptcy in North Carolina

on chapter 7 bankruptcy in n.c.(middle district),how can you specify amount you owe,because late charges overlimit fees,and with some financial companies less going to can you calculate this?

Asked on 9/17/12, 1:51 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

The best way is to persist in reaching the creditor and securing the payoff and charges. If it is a real estate loan you can make a RESPA request for the payment history and escrow accounting. If it is not sent to you in 30 days they can be fined $100.00 per day for the delay. Check with your Bankruptcy Attorney. You can object to the proof of claim or file a proof for them and then object to it. They must show and bring evidence of the debt or you will be able to specify what it is based on your good faith calculations. If in a Chapter 13, make sure that you include a provision in the plan that deems your payments current upon completion of the plan. The bottom line is that the court has jurisdiction and a ruling is binding on the creditor.

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Answered on 9/17/12, 5:41 am

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