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What are the most important things during Chapter 13?

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    What are the most important things during Chapter 13?

    What are the things I need to be most concerned about?

    I definately don't want my case to be dismissed.

    As I understand it, the most important thing is that my plan payments are made on time, as well as keeping current with my mortgage.

    Does getting behind in a mortgage payment automatically dismiss the chapter 13, or is there a process?

    If foreclosure were done again, could the sale happen immediately the next time?

    #2
    Here's what I know:

    Hi,
    I am just over a year into my 13.
    I did get behind on my 2nd mortgage one time.
    I got a letter from the lawyer, with a copy of the letter the mortgage company had sent, because the mortgage company can't talk to you directly anymore.
    It said it had to be brought current immediately or they would make a motion to lift the automatic stay.
    I was able to make the payment, it was only one behind, but it had been behind one month for a number of months, you know? Like I skipped August, and paid August's payment in September, September's payment in October, and stayed one month behind.

    Then there was a letter that said, ok, she's brought it current, but if she's behind again, we'll skip the letter "warning" and move to lift the stay right off.

    So my lawyer said, just make sure you pay it.

    Since then, I have been able to -- consider me warned and scared back from the edge!

    Cat

    Comment


      #3
      Originally posted by Ineedhelp2 View Post
      What are the things I need to be most concerned about? I definately don't want my case to be dismissed.
      The most common reason for a Ch 13 case to be dismissed is missing your monthly Ch 13 payment - that's a HUGE no-no! The court may also dismiss your Ch 13 case if you fail to pay any post-filing domestic support obligations such as child support or alimony, or if you fail to file a year or more of your federal and state taxes throughout your case.

      As I understand it, the most important thing is that my plan payments are made on time, as well as keeping current with my mortgage.
      Absolutely!!

      Does getting behind in a mortgage payment automatically dismiss the chapter 13, or is there a process?
      Getting behind in your mortgage payment puts your house in jeopardy because it opens the door to your mortgage company petitioning the bankruptcy court to lift your automatic stay. If their request is granted (and it can be if you are behind on your mortgage payments even one month), that means your mortgage company can foreclose on your house. That would be a very bad thing if you want to keep your house!

      If foreclosure were done again, could the sale happen immediately the next time?
      Depends on your state's foreclosure laws. Which state are you in?
      Last edited by lrprn; 05-25-2007, 02:55 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Oregon

        Comment


          #5
          Originally posted by Ineedhelp2 View Post
          Oregon
          Here's a link to how Oregon handles foreclosures - http://www.foreclosures.com/www/page...2.asp?state=or
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Make your payment on time every month to the trustee and stay below the trustee's radar. This has worked for me for the past 25 months.
            sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

            Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

            Comment


              #7
              I agree, make your payment on time and mortgage on time and you should be on cruise control. I haven't heard a thing from my trustee nor has anything been filed on PACER for the last 14 months. Good luck.

              Comment


                #8
                Not only was I required to make my chpt. 13 payments - and on time - since my car is in my plan I am required to keep full coverage insurance on it. If I ever lose car insurance my case can be dismissed.

                So far, I've kept both.
                Chapter 13 Filed "Old Law"
                Filed: 6/2003 Confirmed: 3/2004
                Early pay off sent: 10/05/2007 - 9 months early
                11/16/2007 - Discharged!

                Comment

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