Honestly, there is no good defense. If you haven't been making your payments, you haven't been making your payments and the lender has the right to have the stay lifted. There are some strategies though. First, if you are trying to get a modification and you have submitted the application and it is under review, then you don't need the stay in your bankruptcy. Let them lift it. The other is to go to court and request that the Judge let you make adequate protection payments of an affordable amount, until your discharge date, when the stay will be lifted by operation of law. Other than that, you really don't have a good defense based on your posting.
Answered on Nov 07th, 2013 at 6:47 AM