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Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37804
Experience:  16 years practicing law. Landlord 26 years
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I am in chapter 13 bankruptcy and the court recently granted

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I am in chapter 13 bankruptcy and the court recently granted a motion to lift the stay to foreclose on my home because I missed a few of my plan payments. Can I file a motion to reinstate the stay? I don't have all the $$ to catch up on my plan payments at the moment. Mt foreclosure sale is scheduled on July 2nd and this is in the state of WV.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Can I file a motion to reinstate the stay?
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To be very honest with you, yes, you could file a "motion to reconsider" and ask the court to reinstate the stay, but it likely wouldn't have a very good chance unless you could pay back any delinquent amounts due under the original agreement or had a really good reason why you got off track. The judge probably wouldn't consider putting the stay back in place if you would still be behind on the modified payments and couldn't cure the default.
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Another problem would be the timing...If the sale is set for Tuesday, it is probably pretty unlikely that you would be able to get a motion in front of the judge for hearing before the sale on Tuesday. About your only chance would be to get an attorney to file an emergency petition for injunctive action to see if the judge would agree to issue an injunction to prevent the sale pending the decision in your motion to reconsider.
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The Ch 13 repayment plan is supposed to be a modified plan that takes into consideration the debtor's income and sets up a plan that they can afford. If you haven't been able to meet the plan's required payments, the judge may end up dismissing the entire Ch 13 and you may have to file a Ch 7 to completely discharge the debts.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer: replied 4 years ago.

Is there anything I can do to buy more time including requesting a loan amortization?

That wouldn't stop any sale if it is scheduled in two days. The only thing that could stop the sale would be if the lender actually cancelled it on their own or if a judge issued an injunction to prevent any sale.
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I hate to say it, but at this late hour, it may be difficult to take any action that would stop the sale.
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Barrister
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