Former Bankruptcy Attorney to the Kansas City UAW: Ford and GM workers, now assisting the general public in Missouri and Kansas with regaining financial control using the Bankruptcy Code. 816-472-HELP (4357).
The key to a great outcome in bankruptcy is documentation. Documentation is key whether the debt is related to a credit card account, student loan, auto loan or a mortgage. Have you ever tried to dispute a debt? You know you made the payments but the creditor continues to argue that you did not. The creditor's general reply is; "prove it."
[caption id="attachment_34556" align="alignleft" width="300"] Dual tracking is supposed to cease.[/caption]
Many people are filing a Chapter 13 Bankruptcy in order to stop a foreclosure even though they are in a middle of a loan modification. It is not uncommon for a debtor to be in the middle of a loan modification feeling secure while relying on the mortgage company when they say "don't worry we are not going to foreclose." In reality the loan has been turned over to a foreclosure attorney to take the home through foreclosure. This dual process is called dual trackingandrefers to the practice of the mortgage company running the foreclosure process at the same time of running the loan modification process. As a brief review aforeclosure is the legal process by which the mortgage company will seek to take back your home because you are not making your loan payments. The article here will explain the Missouri foreclosure process.
Bankruptcy tends to stir up many emotions. Hate, anger, guilt and sadness, just to name a few. Now think about the last time you were really mad at a person. How did it make you feel? Did you forgive them straight away? Did your gut burn? Did you continue to obsess about how they did you wrong? Did you feel like there was a black cloud that followed you around?
A Chapter 13 bankruptcy is a bankruptcy where you can adjust your debts and "keep your stuff" as one trustee says. During the lifetime of the Plan you might fall behind on the payments that you have agreed to make to keep your stuff. When this happens a Motion to Suspend the Plan payments can prevent your case from being dismissed while bringing the account current. However, it is not like winning the lottery as some debtors believe because there are restrictions and repercussions to filing a Motion to Suspend. Your Plan can only last 60 months and generally you can never fall behind more than two months worth of Plan payments before a Motion to Dismiss is filed in your case.
Bankruptcy and education should walk hand in hand but many times they do not, unfortunately.
I have spent a very long day today meeting new clients, educating other clients on their discharge and preparing for a lecture I have in St. Louis. The common theme of the day is education. Educating potential clients about their rights under the law, educating old clients about their rights post discharge and preparing to educate attorneys on how to use Acrobat. My mother is a retired educator, although, does anyone ever truly retire from that field? So it is natural that teaching is a part of my personality. I have been teaching in one form or fashion since I began providing swim lessons to little ones at Y while in college. To me it is natural to think that an attorney should teach you about the law and YOUR rights. Apparently and again, unfortunately, this is not always the case.
[caption id="attachment_29009" align="alignleft" width="300"] Common courtesy and respect are essential life skills.[/caption]
It never ceases to amaze me as to how people act in bankruptcy court regardless if it is the attorney, debtors or creditors. As with all things in life, common courtesy and respect are skills that will take you far. But sometimes what I think should be second nature to people are things that others just don't think about or simply don't know because no one has ever shared this knowledge with them. So please allow me to share some bankruptcy courtroom etiquette with you.