Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.
Yes, you can request a forbearance agreement, which allows you to defer payments for 6-12 months in order to catch up and get back on your feet. Usually, a lender will require interest only payments or it can defer all payments during this time. Like a loan modification, the lender must agree to this, but they're usually much more likely to approve a forbearance because it is a short-term agreement as opposed to a loan modification.
Thank you for the advice. Also, my exhusband who is named on the Chapter 13 bankruptcy documents has not paid his half for 8 months now. I called the trustee and they said the only thing I can do is have him have sign a letter to garnish his wages. Well he now has no job and I am left paying the entire amount ($1400). Do I have any legal recourse with the courts to sue him for his half? What if I just paid my half would the courts look at this as a default on my part too? If it does go into default with the courts, what would be the likley consequence garnish my wages for the entire amount?
Thanks in advance
You can't sue him for his half unless the court specifically required each of you to pay half. Usually the court just requires that the debt be paid and doesn't divide the payment amount between individuals. Also, if the entire amount is not paid to the creditor, the loan will be in default.
I meant a default on paying the bankruptcy payment to the trustee?
If payments are not made to the trustee, he/she will file a motion to dismiss the bankruptcy based on the default in payments.
If that happens, do all the creditors threaten liens on the house, assets etc.?
Or is that a federal offense subject to fines etc?