Bankruptcy Forum

chapter 13

lydiastewart
09-06-2004, 03:52 PM
We are presently behind on our chapter 13 by three months I mailed in all three payments on saturday and when I got back from the post office and there was a letter from one of our finance companies attorney stating that they are requesting a relief from automatic stay because we are behind on our payments. Are we okay since I mailed in my payments or will we have to go to court not sure what to do PLEASE HELP ME OUT SOMEONE PLEASE :confused:

HRx
09-08-2004, 12:34 PM
We are presently behind on our chapter 13 by three months I mailed in all three payments on saturday and when I got back from the post office and there was a letter from one of our finance companies attorney stating that they are requesting a relief from automatic stay because we are behind on our payments. Are we okay since I mailed in my payments or will we have to go to court not sure what to do PLEASE HELP ME OUT SOMEONE PLEASE :confused:

It really all depends on the actions of your creditors, whether or not you have to worry much. If you're 90 days behind on your repayment plans, kind've, well sort've tells me that a CHP 13 may not be suiting your fiscal needs very well. If you constantly find yourself still getting behind on your payments, consider having your BK changed to a CHP 7.

Good Luck! :)

merilun
06-29-2005, 04:02 AM
Hi,
I have been behind on my chap 13 payments in the past, but was able to go to the trustee, my lawyer had to file a motion, and was allowed to stay in the plan because as with you I was able to catch up on the payments. Good luck.