I have been in Chapter 13 bankruptcy for almost a year. My case was confirmed this month. I am delinquent on my home mortgage (due to car issues and other stuff) and today received a Motion to Lift Automatic Stay. Can you tell me what my options might be? I guess I'm wondering if the Trustees will always automatically lift the stay due to delinquency or if they sometimes work with you. I appreciate any help anyone could give me!
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Filed Chapter 13 - 1/3/2005
Discharged - 1/4/2010
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Will you be current by the hearing for the motion? From what I've heard, they generally would dismiss it if so.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision. -
The notice said the hearing is on the 21st. I'm hoping to be able to be current. I know I could make two of the three payments due by then. I wasn't able to get in touch with my attorney today so I was just wanted an ideal of what he might tell me and what I'm up against. This whole process is just so frustrating
Filed Chapter 13 - 1/3/2005
Discharged - 1/4/2010Comment
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You WILL have to get current on the mortgage or the motion to lift automatic stay will be granted.
If you had serious car repairs you would have been better off notifying the Trustee to make some kind of arrangements.
In a Chapter 13 you remain under the control of the Court and they have all the final say about anything...
Keep us posted
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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I went to my attorney's office today. They are trying to negotiate with my mortgage company to put the delinquent payments in the plan and I would start making payments again starting the first of next month. The attorney said that my mortgage company had already approached their office about making a settlement. She seems confident that they'll be able to work something out. I'm praying that she's right!!! We'll see...Filed Chapter 13 - 1/3/2005
Discharged - 1/4/2010Comment
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Everything worked out in our favor. The mortgage company this morning agreed to put the delinquent payments in the plan and I'll start making my regular payments as of January 1. God is good! That is a big load lifted off of our shoulders.
Filed Chapter 13 - 1/3/2005
Discharged - 1/4/2010Comment
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I'm glad it all worked out for you!Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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Me too.............. glad it worked out!!!!
From now on if you run into a problem paying your plan - talk to your trustee and see if he can help make arrangements for you as its happening - not after you get 2-3 months behind.
Next time you may not be so lucky.....Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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Thank you both! You're right Minny, I know things won't turn out so well if I ever become delinquent again. I don't plan to do it again, but then I never expected my husband to get laid off from his job, be out of work for a year and have to file bankruptcy either! We just never know...Filed Chapter 13 - 1/3/2005
Discharged - 1/4/2010Comment
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