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Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am currently in Chapter 13 Bankruptcy. My ex husband has

Resolved Question:

I am currently in Chapter 13 Bankruptcy. My ex husband has not helped with payments for 8 months as well as 8 months of the mortgage. I am now 8 months behind in the mortgage but they have not started foreclosure. Can I ask the bank for a stay t help catch up the payments?Also, my husband lost his job so no way to garnish his wages.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

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.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26390
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

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

Expert:  Roger replied 2 years ago.

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.

 

Customer: replied 2 years ago.
Thanks, XXXXX XXXXX the consequences of default? Thanks
Expert:  Roger replied 2 years ago.
A default on the mortgage will eventually result in foreclosure.
Customer: replied 2 years ago.

Hi Kirk,

I meant a default on paying the bankruptcy payment to the trustee?

Thaanks

Expert:  Roger replied 2 years ago.

Ok. Sorry.

 

If payments are not made to the trustee, he/she will file a motion to dismiss the bankruptcy based on the default in payments.

Customer: replied 2 years ago.

Hi Kirk,

If that happens, do all the creditors threaten liens on the house, assets etc.?

Or is that a federal offense subject to fines etc?

Thanks

Expert:  Roger replied 2 years ago.
If the bankruptcy is dismissed, everything goes back to the way it was before you filed. Any loans in default can be foreclosed/collected, any agreements to reduce a debt in order to pay under the plan would be voided, etc.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26390
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Bankruptcy Law Specialists are ready to help you

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