Does my entire house payment plus past due get paid through the trustee or can I just pay the past due to the trustee and make my regular payment direct to my lender?

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Does my entire house payment plus past due get paid through the trustee or can I just pay the past due to the trustee and make my regular payment direct to my lender?

I filed a Chapter 13 and in the plan just put the past due to the mortgage as my payment to the lender. Was I suppose to include my regular payment too? Can I amend the if I was suppose to include the whole payment? Do affirmation agreements get paid through the trustee too? Or can I pay those direct?

Asked on November 23, 2011 under Bankruptcy Law, California

Answers:

Robert Braverman / Law Office of Robert Braverman, LLC

Answered 13 years ago | Contributor

Generally you pay your mortgage directly and pay your mortgage arrears through the bankruptcy plan, so you have done that correctly. There are situations where you can pay mortgage through the bankruptcy, but that is usually situation where you are near end of mortgage term. If you are behind with a car, you can pay arrearages through plan and continue with regular payments outside of plan. You can also pay car entirely through plan and sometimes reduce total to be paid if you bought car more than 2 1/2 years before filing and it's worth less than you owe. In chapter 13 you do not reaffirm debts the way you would in a chapter 7.

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