How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36128
Experience:  Bankruptcy Lawyer. Experienced.
Type Your Bankruptcy Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

We filed for chapter 13 in 2009 just to save our house. Due

Customer Question

We filed for chapter 13 in 2009 just to save our house. Due to still financial difficulties due to a lesser income for me and my wife and due to a couple of major medical expenses we were again behind in our mortgage payment. Last week we received a call from the Bankcruptcy Law office who assisted us in our Chapter 13 filings, it said that they received a motion from the mortgage bank requesting the court for the continuation((I am not sure of the exact word) of the foreclosure proceedings. Because before we filed for bankruptcy the bank had filed for foreclosure in the court.

I have contacted my lawyer's office (bankruptcy) for a couple of times but he is not returning my call.

Is there a remedy for us in order to keep the house? What shall we do? We live in the house for almost 10 years and we also made a lot of improvements already. Please advise. Thanks.
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 8 months ago.

*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 X 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!

Customer: replied 8 months ago.


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


Thanks

Expert:  FiveStarLaw replied 8 months ago.
Thank you for your reply Val.

It sounds like you are paying the lender directly meaning outside the plan. It is unusual that you would pay the lender outside the plan since you stated that you filed a Chapter 13 in order to save the house. Typically the remedy in this situation would be to amend your Chapter 13 plan to include your mortgage. This would give you the opportunity to reinstate your mortgage and possibly keep your plan payments level by reducing the payout to the unsecured creditors on the plan.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 8 months ago.


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.

Expert:  FiveStarLaw replied 8 months ago.
Thank you for your clarification.

I understand that your prior 8 months arrears were included in your original plan. I understand that you are paying the lender the regular payments outside of the plan and now the regular mortgage payments have fallen behind again.

Typically the solution would be to amend your current chapter 13 plan and pay your regular payments and new arrearages through the plan. As I previously stated, this would give you the opportunity to reinstate your mortgage and possibly keep your plan payments level by reducing the payout to the unsecured creditors on the plan.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 8 months ago.


If we amend chapter 13 as a reply to the lender's motion would it stop their motion for relief of stay of foreclosure?

Expert:  FiveStarLaw replied 8 months ago.

I apologize for the delay. I was not on line when you responded

Your attorney would need to file an "Objection to the Motion for Relief from Automatic Stay" along with the amended Chapter 13 plan.

FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36128
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  FiveStarLaw replied 8 months ago.
Hi Val,

Thank you for your positive rating of my service. It has been my pleasure to work with you.

I have a favor to ask of you.

The site will be sending you a survey. Your answer to one of the questions on of the survey is essential to my ability to continue to answer questions on the site.

Question #3 of the survey will ask you: "How likely is it that you would recommend your Expert to a friend?"

I would greatly appreciate it if you would answer "10" on this question. If for any reason you cannot answer "10" in response to question number 3, please tell me how I may further assist you.

As always, I am here to address follow-up questions at no additional charge.

Thanks again,
FiveStarLaw
Customer: replied 8 months ago.

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?


 

Expert:  FiveStarLaw replied 8 months ago.
Site policy requires that you open a new question page for new question. Since you are a subscriber, you can do this without additional cost. It is also important to me because I am paid by the site once per page. To direct your first new question to me, please start your question with "For FiveStarLaw"
Customer: replied 8 months ago.


"For FiveStarLaw", can we file loan modification or refinance the house even under bankruptcy (Chapter13)?


 


 

Expert:  FiveStarLaw replied 8 months ago.
Thank you Val. Unfortunately you need to actually open a new question page. Here is the link to do so: http://www.justanswer.com/law/expert-fivestarlaw/ As I explained this is site policy and would be covered under the terms of your subscription

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
< Last | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.