Motion for relief of automatic stay.

[glennwethere]

I am in a Ch13 and just received a motion for releif from our mortgage company. We are 6 payments behind. I have been trying to contact my mortgage technician prior to receiving this motion to see if I could work out a payment plan. He won't return my calls. What is the likelyhood that we can still keep our house if this lift is granted? How much time, if any, do they give you to pay up? Also there is a confusing part to the motion. Half way through the paper work there is a part that says, Order granting relief from automatic stay. Coming before the court on June 4, 2009 was the motion of blah blah blah for relief of auto stay. After due deliberation, it is hearby ORDERED, that the automatic stay is hearby terminated. I left a few words out but they make it sound like it has already happened but the date isn't till next month. Does anyone know what typically happens at this point? I would like to keep my house.

[glennwethere]

Anybody?

[justbroke]

You are in an active Chapter 13?

Pretty much, this is what will happen. The bank will get their motion for relief from the automatic stay. Then they may work with you to cure the arrearages, but now it will be outside of the plan and you will have no protection from the Bankruptcy Court. If they don't want to work with you... they pretty much are going to foreclose.

When you fell behind, the first month, you should have contacted your attorney. Sometimes, post-petition arrearages (missed payments while in plan) can be lumped back into the plan. However, you just stated that 6 months has elapsed since paying. This is significant.

So, what you read was what we call a "proposed order". This is included with the filing, but generally, they don't put it in PACER (sounds like an administrative error). However, unless there's a signature on that Order, which I guarantee there isn't one right now... it's just a "proposed" order and nothing more than that. Procedurally some Courts require the moving party (the movant) to submit a proposed order when they file the motion. It reads as though your court requires this and that's nothing more than a proposed order.

So, looks like your evidentiary (or non-evidentiary) hearing is set for June 4, 2009 (it's usually 20 days in the future). You will have to appear. Hopefully, you should be able to read the bottom of the Motion and see what lawyer is dealing with it. Call them and ask if a deal can be worked to include it in Plan. If you are working with a lawyer, then they will need to do this work. They are probably going to charge you more for it, because it is a bunch of (new) work.

Okay, so that's my first brain dump for now.