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Can Ch.13 stop all hikes in my current mortgage payments?

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    Can Ch.13 stop all hikes in my current mortgage payments?

    My current monthly mortgage payment is $1700. This is scheduled to increase to $3000 in three months. If I file for Ch.13 for the 6 payments I am behind, can/will I get protection from the BK court to force my lender to stop all hikes in my current monthly payment? Please help!

    #2
    i have an arm-adjustable rate mortgage -it was supposed to go up ,if it did that would mean a increase in the trustee payment.the good thing about the economy my rate hasnt gone up -they review it every 6 months though.i dont think the bk can stop hikes .
    If you have an arm mortgage-it might go up

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      #3
      Originally posted by bntactnt View Post
      If I file for Ch.13 for the 6 payments I am behind, can/will I get protection from the BK court to force my lender to stop all hikes in my current monthly payment? Please help!
      No. A Chapter 13 Plan cannot modify the rights of a creditor where the creditor's claim is secured by a primary residence. (11 USC 1322)
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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