paying mortgage

[worried]

I am in a chapter 13 as of April 2008. I have to pay my mortgage late. It will be 5 days over the grace period. Will i get in trouble . It's only my 3rd payment. Will they try to lift the automatic stay. My daughter has a credit card but she would have to go over the limit. She went over 50 dollars last week but what would be worse paying my mortgage late or over the limit with the credit card. I don't want to them to cancel her card. But she has CHASE and I read they don't cancel but just charges the fee. Is this true. We would only have to do this one time. Thanks

[BKParalegal]

Usually nothing is done in regards to filing a motion to lift stay until you are 45 days late. Communication is key, just let them know you will be late and you should be fine.

[worried]

So you don't think I have to tell my attorney which he probably would charge. And also in my bankruptcy papers it says I have to stay current with the mortgage do they all say that to keep people on track. I don't want to screw this up because I wonld like to refinance in a year with FHA. And I think their policy is no late payments. But I thought I read somewhere that if you want to refnance there should be no more than 1 30 day late in a year.

[worried]

oops i forgot to ask this. I am due for about $4000 in student loans from Stafford at the end of August. Will I still get them. In my last bankruptcy I was able to get them. This time they included them in my plan but I don't know why. I think the attorney thought I may have to pay them before the plan is done but my loans are deferred willl this stop me from getting them. I don't think this should have been included in plan because I am not discharged from them.

[BKParalegal]

I am confused with the segue, but in regards to the mortgage, again typically the lender does nothing if it is less than 45 days. In regards to the FHA, who knows what their parameters will be in 1 year, so cross that bridge when it comes.

In regards to your student loans, I am real confused, are you asking will they still send you the funds? If you have been approved, there shouldn't be any reason why not. In regards to listing the debt, yes you have to list all your debts even if they are in deferrment or forebearance, they are not dischargeable regardless, but they need to be listed.

Good Luck

[worried]

actually what i was trying to say is if i called my attorney on the late payment he would charge for the advice. But he probably would want me to pay on time. And yes I am approved for the student loans. I was thinking something might get in the way of my funds. But I don't need any surprises.