What can I do if trustee did not make house or vehicle payments?

I filed Chapter 13 and started making payments to a trustee in April. I just got a letter from my mortgage people saying no payment has been received since April and I got a letter saying that 07/23 my bankruptcy was dismissed. Is there anything that can be done because now my mortgagee wants all the back pay or they are starting foreclosure. Can I get any of that money back or am I out of luck?

Asked on July 30, 2010 under Bankruptcy Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the trustee did not make payments on your accounts, or to the extent that any money is left over, the total of your payments less the total of the payments made by the trustee, you should be getting a check from the trustee.  If you don't have it in hand within 30 days, you should want to know why.

You might want to consider sending the mortgage company copies of your proof of those payments to the trustee, assuming that you paid what the plan provided for, and that the plan covered the mortgage loan in full.  Include with those copies a letter explaining that you are waiting for the trustee to repay that money, since apparently none of it was paid out, and that you will pay them as soon as you get your money back.

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