Motion To Approve Trial Home Mortgage Modification {MOW 3082-1.1}

MOW30821.1(10/2014)UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MISSOURI IN RE: ) ) DEBTOR ) CASE NO. ) Debtor(s). ) MOTION TO APPROVE TRIAL HOME MORTGAGE MODIFICATION AND SHORTEN NOTICE COMES NOW debtor(s), by and through his/her/their attorney,, and for his/her/their Motion state(s) as follows: 1. Debtor(s) filed his/her/their Chapter 13 petition/converted their case to Chapter 13 on . 2. Debtor(s) has/have a mortgage with . 3. Debtor(s) and have entered into a trial loan modification. 4. Per the terms of the trial loan modification, the mortgage payment will be $ for the months of , , and 201. Thereafter, these payments will revert to the contract payment absent other agreement with the mortgagee and continue until further order of court. 5. Debtor(s) request(s) permission to enter into this trial loan modification. 6. The claim in favor of shall be paid in the following manner (check one): Debtor(s) further request(s) permission to make their on-going mortgage payments to directly beginning with the first trial loan modification payment in 201. Debtor(s) further request(s) the mortgage payment to be paid by the trustee from the plan payments be changed to $ due to the trial loan modification. This mortgage payment is effective with the , 201, mortgage payment. American LegalNet, Inc. www.FormsWorkFlow.com MOW30821.1(10/2014)7. Debtor(s) further request(s) this court order the trustee to stop all disbursement on the on-going mortgage claim if the debtor now is paying it directly. Further, the trustee shall stop all disbursement on any pre-petition mortgage arrearage claim, any post-petition mortgage arrearages, and the initial post-petition amount (IPA) claim. 8. (If applicable) Debtor(s) further request(s) the plan payment be changed to $ due to the mortgage being paid directly. This new plan payment is effective as of , 201. This new plan payment will continue until further order of court. 9. Debtor(s) will provide the trustee with a copy of the final loan modification. If no final loan modification is provided to the trustee within six (6) months of this motion, the debtor(s) understands the plan will be amended, upon motion of the trustee, to pay the mortgage through the plan pursuant to Local Rule 3094-1C. 10. Debtor(s) request(s) this Honorable Court schedule the matter on the next available docket, or in the alternative, grant Debtor(221s222) request without a hearing after expiration of the notice period. WHEREFORE, debtor(s) request(s) this Honorable Court enter an Order allowing debtor(s) to enter into a trial loan modification with and pay the mortgage directly with the , 201 payment or through the plan at the new payment amount of $ as specified in Paragraph 6 above. Further, debtor(s) requests(s) an Order directing the trustee to stop all disbursements on any pre-petition mortgage arrearage claim, any post-petition mortgage arrearages, the initial post-petition amount (IPA) claim, and the on-going mortgage claim if the debtor now is paying it directly during the trial period. If applicable, the plan payment shall be and changed to $ effective , 201. Date Attorney for Debtor(s) American LegalNet, Inc. www.FormsWorkFlow.com MOW30821.1(10/2014)NOTICE OF MOTION Any party with an objection is directed to file a Response to the motion within seven (7) days of the date of this notice with the Clerk of the United States Bankruptcy Court. Documents can be filed electronically at http://ecf.mowb.uscourts.gov. Information about electronic filing can be found on the Court website at www.mow.uscourts.gov. Parties not represented by an attorney may mail a response to the Court at the address below. If a response is timely filed, a Notice of Hearing will be provided to all interested parties by the Court. If no response is filed within seven (7) days, the Court will enter an order granting the motion. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Motion was served, in addition to the parties notified by the US Bankruptcy Court222s electronic notification, upon the affected creditors and other parties in interest via US First Class Mail, postage prepaid, this day of , 20 . [List name and address of creditors & other parties served] Typed Name or Signature Court Address: United States Bankruptcy Court, 400 E. 9th St., Room 1510, Kansas City, MO 64106 Instructions: Complete all required information and serve on all affected creditors. ECF Event: Bankruptcy>Motions/Applications/Requests>Home Mortgage Modification>Trial American LegalNet, Inc. www.FormsWorkFlow.com