QUESTION
Will I get a chapter 13 discharge if I'm in trial loan mod payments?
Asked on Apr 21st, 2017 on Bankruptcy - New Jersey
More details to this question:
Judge ordered I have 60 days to get a loan mod or stay would be lifted per lender's motion. I've made final chapter 13 payment. Case ends May 02, 2017 and first loan payment due May 01, 2017. Or will the judge extend my discharge date by 3 months to complete trial pay period?
4 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
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I would make application to extend time, allow the Discharge, and just delay case closing. Chapter 13 Trustee's have a lot of work to do to close case.
Answered on Jul 18th, 2017 at 8:25 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If your case has ended, the judge's job is done and the stay automatically dissolves at discharge. Usually, banks do not foreclose during a loan modification.
Answered on Jul 18th, 2017 at 8:25 PM
The bankruptcy judge is unlikely to delay entry of your discharge while you complete your loan modification trial period. Once the discharge is entered, the stay will expire without the court ordering the lifting of it.
Answered on Jul 18th, 2017 at 8:25 PM
I can't possible hazard a legal answer without reviewing your Chapter 13 file. You probably had a lawyer file it for you - you should consult with them. Otherwise, you'll have to pay a new attorney to review your Chapter 13 file with you to discuss your rights and obligations.
Answered on Jul 18th, 2017 at 8:25 PM