QUESTION

What if you’re going to be dismissed because you got backup on the mortgage payments?

Asked on Apr 25th, 2013 on Bankruptcy - New Jersey
More details to this question:
And the mortgage company hired a lawyer to get the chapter 13 dismissed but your chapter 13 payments are on time.
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7 ANSWERS

Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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Usually, the mortgage company files a motion for relief from stay when it thinks the mortgage payment is not on time. This is different from a motion to dismiss. You can present your proofs of payment to the Court and object to the motion. Talk to your lawyer and provide proofs of payment. Even if you are behind, something can usually be worked out.
Answered on Apr 29th, 2013 at 4:19 AM

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Bankruptcy Attorney serving Schenectady, NY
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They can not do that my suggestion is that you consult your journey and Eve they keep doing that you have the right to sue them.
Answered on Apr 29th, 2013 at 3:58 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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If you have an attorney - talk to them. If you do not then consider hiring one. I have no idea where you live so cannot answer your generic questions. There may be options but need a lot more information.
Answered on Apr 29th, 2013 at 12:57 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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Best thing you can do and this won't be easy (because the attorney can't take any money from you to help in an existing chapter 13) is to retain one willing to step into a case to help. Self represented Chapter 13 cases that successfully confirm are the exception (in Central District of California the rate of successful confirmation is 1%, better than winning the lottery but still bleak). It sounds like maybe there is a problem with your Plan, maybe you failed to propose a Plan that includes bringing current pre-petition past due payments. I can only speculate without looking at your case. Typically, if the Plan is good and all that has happened is that the debtor has failed to make post petition mortgage payments is that the lender will file a motion for relief of stay, not file a motion to dismiss the entire case. A motion for relief of stay could be successfully opposed provided the debtor can propose to 1) make regular mortgage payments 2) make regular chapter 13 payments 3) and make an adequate protection order payment to cure the post petition default. However, I fear there may be more going on here. Maybe it's the Trustee that is moving for dismissal and you just don't understand who is doing what. Please get professional assistance. Too much at stake, no.
Answered on Apr 29th, 2013 at 12:56 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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If you aren't also paying your ongoing mortgage payments, then you may not have met the terms of your plan. If you intend to keep your property, you must make the ongoing mortgage payments IN ADDITION TO making the Plan payments to catch up on any past due mortgage payments.
Answered on Apr 28th, 2013 at 10:33 PM

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Deborah F. Bowinski
Call your chapter 13 attorney.
Answered on Apr 28th, 2013 at 10:13 PM

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Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
They probably made motion to vacate stay, does not mean your case will be dismissed.
Answered on Apr 28th, 2013 at 9:55 PM

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