Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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I can say that the way the system is typically set up you will need to contact the standing trustee (person you send your payments to) and advise them that you may be late. The system is generally automated and once you miss a couple payments the trustee files a motion with the Court to dismiss your case. It would be awful to pay this close to the end and not obtain the bankruptcy discharge. You can initially dispute this with the lender and try to resolve with them, in the event you can't resolve it you can modify your current bankruptcy to cover the 3 late payments. This will drag it out longer, but it would keep your discharge intact. If the escrow was misapplied then it is your money and you will get it back, but sadly the mortgage companies don't act to fast. In most jurisdictions you can get another attorney that handles CH13 cases to file for a modification and his payment is set by the Court and will come out of your payments.
I know this does not sound like it should be this hard. I would also recommend that you do a free consult with a CH13 BK Attorney that practices in that area because every CH13 trustee has their own systems and he/she will know how long you have before the trustee will move to dismiss your case due to non payment.
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