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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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We are in a chapter 13 for 2 years now. Today we received

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We are in a chapter 13 for 2 years now. Today we received an order modifying automatic stay with a court date. Does this mean they will foreclose on our house?

FiveStarLaw :

*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.*

FiveStarLaw :

Welcome,
My name is XXXXX XXXXX I will do whatever I can to answer your questions!

FiveStarLaw :

Did you receive a motion to modify automatic stay on your home or did you receive an order granting modification of the automatic stay?

FiveStarLaw :

Is your mortgage being paid through your chapter 13 plan?

*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.*



Welcome,


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. Did you receive a motion to modify automatic stay on your home or did you receive an order granting modification of the automatic stay?

2. Is your mortgage being paid through your chapter 13 plan?


Thanks!

 

Customer: replied 4 years ago.
We received a motion for relief from automatic stay (real property). The amount was 4261.00 at the time of filing ch 13 that is being paid through Trustee payments which are current.

Thank you for your response Mary.

The "automatic stay" of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. A motion for relief from automatic stay is a request that the court to lift the stay to enable the creditor to take action against the Chapter 13 debtor.

If you do not timely object to the motion for relief from automatic stay, the court will grant the motion and the foreclosure may take place.


If you timely object to the motion for relief of automatic stay a hearing will be scheduled.

Typically a motion for relief from automatic stay is not granted by the court when there is a confirmed Chapter 13 plan and the plan payments are not in default. To prevail the creditor would need to convince the court that the creditor is not adequately protected by the bankruptcy plan. This is a very difficult/impossible burden for the creditor provided the debtor is making timely payments pursuant to the confirmed plan

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 4 years ago.
The motion states pre- petition default amt $4576.29 and post petition 7192.40 - for 5 months default which is not correct. The hearing is set for this Friday.

You may want to contact the trustee to determine whether the trustee is going to oppose the motion as well. You may also consider asking the trustee for a copy of the trustee's disbursements made to date
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