What are post petition claims?

Post-petition debt refers to any debt you incur or enter into “after” you have filed your bankruptcy petition. Debt entered into or incurred after you file your bankruptcy petition is not included in your bankruptcy and is not eliminated by your bankruptcy discharge.

What is a post petition fee notice?

A Notice of Postpetition Mortgage Fees, Expenses and Charges must be filed by the mortgage creditor within 180 days of the date the fees, expenses and charges are incurred. The notice should be linked as a supplement to a Proof of Claim (“POC”) that has been filed for the creditor.

What is a notice of mortgage payment change?

Notice of Mortgage Payment Change. If you file a claim secured by a security interest in the debtor’s principal residence provided for under the debtor’s plan pursuant to. § 1322(b)(5), you must use this form to give notice of any changes in the installment payment amount.

What is final cure payment?

Overview. A Notice of Final Cure Mortgage Payment is filed by the trustee within 30 days of the date the debtor completes all payments under the plan. The purpose of the notice is to state whether the debtor has paid the full amount required to cure the mortgage default.

What is a notice of mortgage?

This is a notice confirming that a mortgage has been secured as a charge against the land registry. This notice should be served alongside the notice of transfer if you are registering a purchase. You’ll also need to issue a notice of charge if you: buy a property with a mortgage.

How is a post petition mortgage fee paid?

If there is a post petition mortgage fee noticed and allowed, and the mortgage is paid directly by the debtor/borrower, then usually it is a fee added to the debt that must simply be paid from the sale of the home or prior to release of mortgage down the road.

Do you have to make post petition payments?

In this context, post-petition payments are the regular mortgage payments you are required to pay to the mortgage company after your BK Petition was filed. As long as you make your Ch13 Plan payments to the Trustee as well your post-petition payments to the mortgage company, you will not lose your house.

What’s the difference between post petition and pre petition debt?

Post-petition refers to anything that occurs “after” you have filed for bankruptcy. Conversely, the term “pre-petition” is used to refer to anything that happened before you filed for bankruptcy. Only “pre-petition” debts are dischargeable in bankruptcy. What Is Post-Petition Debt

Are there post petition mortgage fees in Chapter 13 bankruptcy?

The mortgage holder frequently charges to the debtor/borrower attorney fees for reviewing the bankruptcy papers, filing a proof of claim, objecting to the bankruptcy plan, etc. These charges add up. Now that we’ve established that these post petition mortgage fees can be charged in chapter 13 bankruptcy, it is time to examine what to do about it.

If there is a post petition mortgage fee noticed and allowed, and the mortgage is paid directly by the debtor/borrower, then usually it is a fee added to the debt that must simply be paid from the sale of the home or prior to release of mortgage down the road.

In this context, post-petition payments are the regular mortgage payments you are required to pay to the mortgage company after your BK Petition was filed. As long as you make your Ch13 Plan payments to the Trustee as well your post-petition payments to the mortgage company, you will not lose your house.

Post-petition refers to anything that occurs “after” you have filed for bankruptcy. Conversely, the term “pre-petition” is used to refer to anything that happened before you filed for bankruptcy. Only “pre-petition” debts are dischargeable in bankruptcy. What Is Post-Petition Debt

How are post petition tax debts treated in bankruptcy?

Post-Petition Tax Debts. Post-petition tax debts get special treatment in bankruptcy. The court always allows tax creditors to file claims for post-petition tax debts and then the claim gets priority in payment. However, you may have to amend your plan to incorporate the increased tax payment into your payments.