Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, I'd be happy to answer your bankruptcy questions this morning.
So I see that the bank has filed a Motion for Relief from stay on your property in your Chapter 13 bankruptcy.
Were you making your mortgage payments through your Chapter 13 Plan, paying the bank directly outside the plan, or surrendering the property?
Paying the bank directly outside the plan
Were you delinquent at the time of filing? Are you delinquent now?
At the time of filing 2+ years ago, I was not delinquent. I got delinquent last year after my husband lost his job and it took the courts almost a year to lower my payment
I agreed with the mortgage company to make up the delinquent amount over a period of 12 months
i'm 6 months into that now
And they still filed a Motion for Relief from Stay?
no. I'm getting ready to move out of state because i've gotten a new job.
i need to figure out what to do with the house
if i just stop paying the payments, they will file a motion for relief from stay
Oh, okay... let me explain your options
i can't carry a house payment in ga and rent payment in nc
Yes, if you stop paying the payments, the bank with file a Motion for Relief from Stay and proceed to foreclose on the home once that Motion is granted.
Your bankruptcy will NOT be dismissed.
And since you're paying outside the Plan, you won't have to file a Motion to Modify your Plan.
i basically want to finish out the b/r since i'm halfway through
You should keep paying your monthly payments to the Trustee in order to get your discharge.
Yes, that's the best thing to do.
i don't want to have it dismissed...i would rather finish it and get it discharged
Yes, that's much better - you want to discharge the mortgage debt.
No problem. Any other questions?
you mean discharge the b/r? let the mortgage foreclose, right?
if i keep paying the b/r, it will finish out and get discharged. i would rather have that than to get it dismissed
Yes, let the bank file the Motion for Relief and foreclose on the property. Meanwhile, you should continue making your payments to the Trustee.
it's been auto deducted from my paycheck which will end in a couple of weeks. should i notify the trustee that my job is changing or just send it in myself?
Yes, if the bankruptcy is dismissed, you will bascially
owe the amount of the mortgage personally. You don't want that.
You should notify the Trustee, otherwise your case could be dismissed after you miss a few payments.
You should notify the Trustee of your new address as well (as soon as you know it).
ok. i'm assuming that the trustee will allow me to mail in checks until they get my new employer set up on auto deduction?
Yes, that shouldn't be a problem, so long as the Trustee is notified prior to the change.
ok, thank you very much, you've been very helpful
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