Please help! I filed a Chapter 13 bankruptcy in July. The attorney never gave me copies of the final filing papers, and after checking my credit report, I see that although my mortgage is included in the bankruptcy and showing a zero balance, my HELOC (with the same mortgage company) shows as an open account and I am still receiving monthy billing statements! It says I owe $60,000 plus late fees! My attorney is avoiding me and I don't know what to do.

All my Trustee payments are current, but this HELOC was supposed to be charged off just like the mortgage. Any help would be greatly appreciated.

Well actually the mortgage and all liens are not "charged off" they are paid, the payment in full has to be included, often the late fees would be included in the fileing but you would have to continue to make the mortgage payments in addition to the monthly chapter 13 payments.

So you do realise that you have to keep making all of your mortgage payments and they are not just charged off??
** unless you were turning the house over to the court to be sold.

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Originally Posted by Keepingon

Please help! I filed a Chapter 13 bankruptcy in July. The attorney never gave me copies of the final filing papers, and after checking my credit report, I see that although my mortgage is included in the bankruptcy and showing a zero balance, my HELOC (with the same mortgage company) shows as an open account and I am still receiving monthy billing statements! It says I owe $60,000 plus late fees! My attorney is avoiding me and I don't know what to do.

All my Trustee payments are current, but this HELOC was supposed to be charged off just like the mortgage. Any help would be greatly appreciated.

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My home went through foreclosure and I no longer own it. That's why my attorney said I had to file bankruptcy--to avoid paying a deficiency because I owed more than the house was worth.

Why chapter 13 not a chapter 7.

In a 13 you still have to work out a payment plan, on a 7 it is just not paid.

Also if you orgainally filed a 13 it is easy to convert to a 7.