Legal Question in Bankruptcy in Indiana
Delinquent amount in a Chapter 13 Case
If a debtor is delinquent on a mortgage at the time of filing a Chapter 13 case, is a creditor required to adjust their records to show the account as current with no delinquent amounts once payments are made per the plan, or does the account run delinquent until the plan is fulfilled?
1 Answer from Attorneys
Re: Delinquent amount in a Chapter 13 Case
The account is "delinquent" until such time as the borrower becomes completely current-usually a Chapter 13 Plan provides for cure of the back payments , late charges, costs and attorney fees owed up to the date of filing. These are cured by the Chapter 13 Trsutee thru payments made by you to him. At the same time, the borrowe resumes regular monthly payemnts to the lender. Once the Trustee has disbursed all the money owed prior to filing to the lender in the Ch 13, and the borrower is current on post bankruptcy payments, then the lender should show the account as "current" even thought the borrower may still be in the Ch 13 proceeding. Some lenders will not put the account back on current status until the Ch 13 is discharged or dismissed.
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