Tuesday, August 21, 2012

Some Rules Regarding Ongoing Mortgage Payments!

The bankruptcy court in Austin has issued rules regarding how mortgage payments are addressed in Chapter 13 cases.  If a debtor owes an arrearage claim on a mortgage, all post-petition mortgage payments must be paid through the Chapter 13 Trustee as part of the Chapter 13 Plan.  If the debtor has no arrearage at the time the case is filed, then they can continue making their mortgage payments directly to the mortgage company.

If there is an arrearage, the debtor has certain obligations to the Trustee regarding information about the mortgage.

The idea is to catch up on the arrearge by the time the Plan is completed, so that when the debtor comes out of the Chapter 13 case, no arrearage is owed.