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 Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

My husband and I filed for Chapter 13 bankruptcy Summer of

Resolved Question:

My husband and I filed for Chapter 13 bankruptcy Summer of 2008. This summer, we fell behind in our house payments. Right now we owe for July and August and will owe for September in a few more days. We got a notification in the mail last week from a lawyer representing the bank who has her mortgage where they have filed with the court to have a stay lifted so they can pursue us in foreclosure. My question is, if we pay what we are past due will they drop their suit ? We can borrow the money from a relative. I talked with a representative from the law firm we used for our bankruptcy last year and she said that she thought they would but they were also asking for us to pay for their costs for filing. I am not willing to do that because it shows on their paperwork that they tried to contact our lawyer on 8/27 to see if an arrangement could be worked out and no one from our lawyer's office called them back. What should we do ?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Consider having your lawyer prepare an amended plan that includes the mortgage arrearage. The amended plan should be filed prior to the hearing for Relief from Automatic Stay. Attend the hearing for Relief from Automatic Stay and tell the judge that you have filed an amended plan and if necessary you can borrow the money to bring the loan current immediately.
Customer: replied 7 years ago.
I didn't know if that would be possible since our home was not part of the bankruptcy. We make those payments ourselves---the Chapter 13 payments come out of my paycheck directly. Is this still possible ?
Expert:  Ellen replied 7 years ago.

Yes it is still possible. You will need to include the house in an amended plan.
Ellen and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions