Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
I would like to help you with this, but there is something I don't understand. Why aren't your mortgages in the Ch.13 plan that you pay monthly?
Your mortgages must have been listed and the bank notified of your Ch.13, or you wouldn't be paying to the bankruptcy division. You cannot just make such changes as you proposed without going through bankruptcy court. You cannot just "dump" a mortgage into the payment plans. You may be able to amend the Ch. 13, or change it to a Ch. 7, but I doubt they would let you out of one set of debts (mortgages) just to assume another debt. You have to be careful and here's why. It sounds like a weird deal to me, changing payments for the same amount of payments, But more than that, if the court dismisses your bankruptcy, all the debt in full, will come back on you. You certainly don't want that. Discuss the amendment to your Ch.13 with your attorney, but it is my opinion that the court would not accept it, because it would take a secured debt and exchange it for an unsecured payment of the same amount, and in their eyes, not helping you get out of debt at all.
Please follow up with any questions you might have.
Hey Mr Kennedy,
I contacted the attorney's office that handled my case and he of course no longer works there.....go figure.
I decided not to take that house and stay where i am at. The legal assistant said he should have put both my 1rst and 2nd mortgages into the case.......go figure again!
Anyway I did rate your service at the highest.