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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Can I do a modification on my 1st (the 2nd was stripped) when

Resolved Question:

Can I do a modification on my 1st (the 2nd was stripped) when I am in ch 13 (California)?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

So sorry to hear of your difficult situation.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

You can do a modification of the first while in a chapter 13 bankruptcy. You will need court approval to modify
Customer: replied 6 years ago.
My lawyer would make a motion and if the court accepts will they Re evaluate the payment I make after the modification is done. Why would the court not accept?
Expert:  Ellen replied 6 years ago.

The court will accept a voluntary modification to lower the mortgage payment. It is more formality that the court approve the modification and is necessary because the automatic stay prevents action outside the bankruptcy court while you were in bankruptcy.
Ellen and other Bankruptcy Law Specialists are ready to help you