QUESTION

currently in chapter 13 mortgage was just sold. I am behind 6 payments. what do I need to do to stay in my home. Lis penders has been filed.

Asked on Sep 02nd, 2012 on Bankruptcy - South Carolina
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Bankruptcy Attorney serving Burbank, CA
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Are you behind 6 months of pre-bankruptcy payments, or post-bankruptcy?  Huge difference.  The pre-bankruptcy payments are supposed to be cured through your Chapter 13 plan.  If you are behind on the post-filing  payments, that's a bigger problem.  You need to catch up on those payments somehow.  This might necessitate temporarily, or permanently lowering your existing plan payments, so you'd need to file a Motion to Modify your plan.  Or, you may need to dismiss your case and start over, but all the above choices come with risks and other issues, so it's critical that you have your attorney guide you in making your decision.  If you don't have an attorney, you need to get one yesterday.   Statistically, less than 1% of Chapter 13 cases filed without an attorney survive to discharge. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr
Answered on Sep 03rd, 2012 at 11:22 PM

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