Questions....Help...Chapter 7 to a Chapter 13

[sadie0422]

Due to layoffs for both my husband and myself, we ended up filing a chapter 7 bankrupcty this past September. Just prior to filing the bankruptcy, we had an a payment plan put into place with the mortgage company. This would have us paying our current payment plus the arrearage over the span of about a year. When we filed the 7 though, the mortgage company decided not to allow us to honor the agreement. Hence, our attorney had us convert it to a Chapter 13, as we do intend the keep our home, in fact the home was our biggest concern. The 13 was filed on October 31, and was officially converted on December 19th. We go to court February 23 and our first 13 payment will be due by Feb 10th. In the meantime, the mortgage company and court are sending me foreclosure notices, because the mortgage company says they got relief from the stay. I know that they motioned for relief from the stay when we were in the 7, which is why we filed to convert it. They say that they were granted relief on December 17 and the 7 was officially converted on December 20, although it was filed on Ocotber 31. I don't know how this is possible that I could be losing my home, as this is the whole reason we filed to convert to a 13. I am about to lose my mind and my stomach here with the stress. I have contacted my attorney and am waiting for a call sometime today. I am absolutely sick about this. Does anyone know why I would lose my home if I converted to a 13. Help. We live in Ohio.

[bige1030]

Did your attorney file an objection or response to the mortgage company's motion for relief? If not, they're relying on it happening by default (since the objection deadline in their filing passed). I'm not sure if you could get the stay reinstated - you'll have to get with your attorney about that one.