Ask Experts Questions for FREE Help !
Ask
    Keepingon's Avatar
    Keepingon Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Oct 18, 2008, 10:26 AM
    Attorney didn't include HELOC in bankruptcy
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Oct 18, 2008, 02:57 PM

    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.
    Keepingon's Avatar
    Keepingon Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Oct 18, 2008, 03:10 PM
    Quote Originally Posted by Keepingon View Post
    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.

    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Oct 18, 2008, 03:52 PM

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Filing bankruptcy without an attorney [ 1 Answers ]

Can I file bankrupcty without an attorney? I am single and unemployed. I found a bankruptcy form at the local Office Depot & want to file bankruptcy without an attorney as I have NO money and there is no better time than now. I know I am doing the right thing. Please email me at:...

Can mon bankruptcy include father [ 1 Answers ]

thank you for the information on my mom filing bankruptcy. My mom and dad have no joint propery or any other joint debt neither have any other debt. the only debt is mom's credit cards in her name only. I know they may be able to garnish part of her pension which is ony $400.00 per month so...

Can I file bankruptcy and include my husband [ 2 Answers ]

My husband filed bankruptcy in 2003. I was wondering since he cannot file bankruptcy again, since we are married, would I be able to file and include him, even if his debt was incurred before we got married?

Bankruptcy attorney died, what about the money I paid him? [ 1 Answers ]

I was making payments to my bankruptcy attorney for him to represent me and file my bankruptcy. After 10 months of payments, he unfortunately died. How do I get that money back from his practice so I can go to another attorney? PLease help.

Use 401k to pay down heloc [ 3 Answers ]

We have a HELOC with a balance of 83000 at 8.25 int. rate. We are wondering if it would be a good idea to withraw 100k to pay down the HELOC. We are in 15 tax bracket. Thanks

View more questions Search