*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Hello,Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions! To assist me in answering your question, please tell me:1. Is your Chapter 13 bankruptcy still open and if so how many months are you behind in your plan payments?2. Was the motion received a "Motion for Relief from Automatic Stay"?Thanks!
1. As per the plan payment I am up to date. There is no problem with the plan. I am only behind for the mortgage payment of the house.
2. Yes, relief from stay of the foreclosure proceedings
Prior to our filing of chapter 13 we had already an arrears of 8 months payment for the house( it was only 3 months originally but when we retained our bankruptcy lawyer he advised us to stop payment which is why it went up to 8 months arrears). So we filed for chapter 13, and in the plan the 8 months arrears were included. That was in 2009. But the lender already had filed Foreclosure In court before our filing of bankruptcy. But because of the filing the Foreclosure was stayed.
After we had filed chapter 13 we are paying our mortgage directly to the lender. Last year 2012 due to some unforeseen financial expenses i.e. medical expenses and kids expenses in school we were again behind in our payment.
Now that we are again behind in payments, the lender filed a motion for relief of the stay of foreclosure.
I hope I have explained it more clearly so you can provide me some advice on what to do. thanks.
If we amend chapter 13 as a reply to the lender's motion would it stop their motion for relief of stay of foreclosure?
I apologize for the delay. I was not on line when you respondedYour attorney would need to file an "Objection to the Motion for Relief from Automatic Stay" along with the amended Chapter 13 plan.
We do not have the amount of money to pay the arrears, how does the budget plan work. We cannot afford additional payment on our existing mortgage payment.
Also, can we file loan modification even if we are under bankruptcy?
If an adverse determination is handed by the bankruptcy court on the case how many days do we have to move out?
"For FiveStarLaw", can we file loan modification or refinance the house even under bankruptcy (Chapter13)?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).