Getting Dismissed and Filing Again

[Ineedhelp2]

I think (hope) it is unlikely I will need to, but the possibility is there. I'm behind on mortgage payments and don't know if I can get caught up. I talked with the attorney office and she said if the mortgage company files, they can set up a new plan. But if I fail, then I could get dismissed.

Just wondering if anyone here has had to file a second time and what is involved.

[rrockinggramma]

The new law has limited the protections if you refile. I refiled under the old laws. This chapter 13 is my 3rd attempt and is the one that will be successful. Under the new laws, you will lose the automatic stay after 30 days unless your attorney files the proper paperwork with the court to continue it. I would be working closely with your attorney. Did your mortgage payment go way up and is that why you are behind on it now? Also if you end up having to refile, look at the reasons why you are behind again carefully. If it just an extenuating circumstance, a one time thing that caused it, then you are probably going to be ok. But if it is simply not enough money in the budget to make a house payment plus utilities plus the trustee etc, then perhaps you need to rethink the entire house situation.

[Ineedhelp2]

My attorney called and left a message that the mortgage company intends to file for relief in two weeks.

He mentioned something about selling our house.

This is in contrast with what the paralegal told me a couple weeks ago. She said that if they file, we could make arrangments to "cure" the arrears over three to six months.

Not sure what to think, but it's kind of scary. I'll be talking to the attorney eventually, but meanwhile, anybody know anything about this?