Get Official Form 410S2 2015

One of those forms, Official Form 410S2 (which is used to provide notice of postpetition mortgage fees, expenses, and charges) was updated as of December 1, 2016, and the updated form is available here.

A Proof of claim in bankruptcy, in United States bankruptcy law, is a document filed with the Court so as to register a claim against the assets of the bankruptcy estate. The claim sets out the amount that is owed to the creditor as of the date of the bankruptcy filing and, if relevant, any priority status.

A post petition payment is any payment that comes due after the date your bk is filed. As long as you make all the required post petition payments as they come due, the mortgage company cannot foreclose on your property and... 0 found this answer helpfulhelpful votes | 4 lawyers agree.

Pre-Petition (Bankruptcy) Law and Legal Definition. Pre-petition refers to the claims that are raised before the filing of a bankruptcy case. ... The pre-petition liabilities are often shown in the balance sheets of companies in bankruptcy protection.

Post-petition debt is all debt that you incur after your bankruptcy case is filed. These debts will not be a part of your bankruptcy case and cannot be discharged. You are still liable on this debt and must pay for it. The bankruptcy cannot help you with post-petition debt.

Pre-petition: this term is often used to mean anything that occurred prior to your filing for bankruptcy protection. For example, the amount that may be behind on your house before you file bankruptcy would be called a pre-petition arrears.

Post-petition payments just refer to payments required of you after the case is filed. Normally, someone is behind on the mortgage when they file the case. You may or may not have been. The pre-petition arrears are usually part of the plan, whereas the post-petition payment payments are often made by you.

These include: If your Chapter 13 is dismissed and you file another Chapter 13, any new debt incurred between the two new petitions can be included. If you file a Chapter 7 and get a discharge then file a Chapter 13 (commonly called a Chapter 20), you can add any new debts to the Chapter 13 petition.

Unfortunately you are not allowed to extend your Chapter 13 payment plan beyond five years (60 months). (Learn more about the Chapter 13 bankruptcy plan and how long it can last.) If the trustee dismisses your case, you'll owe the $8,000 plus interest on all the debt you paid through your plan over the past five years.

James Logan: Chapter 13 plans can run anywhere from 36 to 60 months, 3 to 5 years. They can't run longer than that and if you haven't made all the payments by 60 months, sometimes the trustees will move to dispose the case. ... Many times we can convert the chapter 13 to chapter 7 and wipe out any debts that they have.

In any event, Chapter 13 plans cannot be approved by the bankruptcy court if they are scheduled to take longer than 5 years. Even amended plans are not allowed to last beyond the original 5 years.

If you fail to make your Chapter 13 plan payments, eventually your bankruptcy case will be dismissed. You can refile another Chapter 13 petition, but you'll face some limitations on the protection of the automatic stay if you do so within one year of the dismissal.

If your income decreases during your Chapter 13 bankruptcy, you might be able to reduce your plan payment. ... Answer: If your income goes down during your Chapter 13 bankruptcy and you can no longer afford your monthly plan payment, you can to ask the court to modify your plan and reduce your payment amount.

In a chapter 13 case, to participate in distributions from the bankruptcy estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed.

If one creditor fails to file a timely proof of claim, the amount the debtor must pay is reduced dollar-for-dollar. Not having to pay that debt can result in a lower monthly plan payment, a shorter plan, or both. If the debt or debts without a filed proof of claim is/are large, this can significantly shorten your case.