Does my entire house payment plus past due get paid through the trustee or can I just pay the past due to the trustee and make my regular payment direct to my lender?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Does my entire house payment plus past due get paid through the trustee or can I just pay the past due to the trustee and make my regular payment direct to my lender?

I filed a Chapter 13 and in the plan just put the past due to the mortgage as my payment to the lender. Was I suppose to include my regular payment too? Can I amend the if I was suppose to include the whole payment? Do affirmation agreements get paid through the trustee too? Or can I pay those direct?

Asked on November 23, 2011 under Bankruptcy Law, California

Answers:

Robert Braverman / Law Office of Robert Braverman, LLC

Answered 10 years ago | Contributor

Generally you pay your mortgage directly and pay your mortgage arrears through the bankruptcy plan, so you have done that correctly. There are situations where you can pay mortgage through the bankruptcy, but that is usually situation where you are near end of mortgage term. If you are behind with a car, you can pay arrearages through plan and continue with regular payments outside of plan. You can also pay car entirely through plan and sometimes reduce total to be paid if you bought car more than 2 1/2 years before filing and it's worth less than you owe. In chapter 13 you do not reaffirm debts the way you would in a chapter 7.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption