Replace Payment Field from the Bankruptcy Agreement

Aug 6th, 2022
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How to Replace Payment Field from the Bankruptcy Agreement

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in this video ill talk about a common question that comes up is that whats going to happen to my mortgage when i filed a chapter 13 bankruptcy [Music] hi im scott allen attorney in alabama and if youre new to my channel welcome thanks for checking it out if you havent already hit that subscribe button and notifications bell so you dont miss any of our upcoming videos many people have anxiety and roughly so about their mortgage especially when theyve been making their payments direct for many years and theyve never gotten behind but theyre dealing with other type problems credit cards car payments have gotten behind and they want to know if they file a chapter 13 bankruptcy maybe to restructure some of these debts or restructure a car payment thats gotten behind whats going to happen to the mortgage so its a good question and so i want to talk about it here today chapter 13 bankruptcy weve talked about this before is a restructure reorganization and whose plan is it its th

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The holder of the claim shall file and serve on the debtor, debtors counsel, and the trustee a notice of any change in the payment amount, including any change that results from an interest rate or escrow account adjustment, no later than 21 days before a payment in the new amount is due.
In general, secured creditors have the highest priority followed by priority unsecured creditors. The remaining creditors are often paid prior to equity shareholders.
If you are an individual who has filed a bankruptcy under the BIA and you have not been discharged from bankruptcy, you may opt to make a Consumer Proposal to your creditors. Its important to note however, the Proposal must be filed before you are discharged from bankruptcy.
PCN shall mean a Notice of Mortgage Payment Change as described in Bankruptcy Rule 3002. l(b). PPFN shall mean a Notice of Post-Petition Mortgage Fees, Expenses and Charges as described in Bankruptcy Rule 3002. l(c).
The response is filed to provide a statement indicating: 1) whether the creditor agrees that the debtor has paid the full amount required to cure the default, and 2) whether the debtor is otherwise current on all payments.
This clause is meant to preserve the releasing partys original claims in the event that a bankruptcy or other insolvency proceeding is filed and it does not receive or is not allowed to retain the full amount of the settlement payment.
A Notice of Payment Change allows a mortgage holder to advise the court that there has been a change in the debtors mortgage payment. The Notice of Payment Change must be filed at least 21 days before the new payment amount is due.

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