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    behind on payment talked to attorney

    I have been in bk 13 since Dec. 05. My payment is 1000.00 per month, with 800.00 going to my mortgage company. I have missed one payment in this whole ordeal, and my attorney got it added on my mort. arrears. I am now all up to date on my mort. payments no arrears. Dec. 07 was a very bad month for me. I had to spend 1500.00 on car repairs. I thought I would be able to make the payment on Dec. 31, was not able to. I talked to my attorney on the 11th of Jan. He was going to file a motion to have it added on if I am not able to make both payments this month. Like I said 800 goes to mort. company, 30% goes to my creditors. I will be able to make 1 payment this month for sure.
    I live in West TN. If my bk 13 is dismissed, can they foreclose on my house if the payments are up to date? I asked my attorney and he said that he would just file a motion to have it reinstated. This attorney is very sharp and handles a lot of BKS. I am just nervous and I don't want this added on to the stress I am already having. Thanks for any info.

    #2
    Under the circumstances, listening to your attorney is your best bet. He is most familiar with what's going to work in your area. Hope the missed payment gets resolved soon.

    What's saving you is in this situation that the trustee is making your mortgage payment when he/she disburses the funds. There's probably not much the mortgage company can do if your trustee doesn't disburse the payment to them by the loan's due date.

    However, miss two months of payments to your trustee in a row and you could be in serious trouble. Do everything you can to make up the missed trustee payment as quickly as possible so the loan can be paid, or follow up to make certain your lawyer is on the ball filing the motion to add another month of payments to your plan to cover missing December.
    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

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