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Filing Chaper 7 while in a mortgage repayment plan

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    #1

    Filing Chaper 7 while in a mortgage repayment plan

    I am about 6 months into a repayment plan with my lender.I am about 2 months behind right now.It is due to be current march 06.My attorney say don't worry if you have been making payments under the agreement there should be no problem.I beg to differ.What do you guys think?
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    #2
    I agree with your attorney.........

    Minny
    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.

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      #3
      It shouldn't be a problem vis-a-vis the mortgage company...so long as you continue to make your regular mortgage payment and stick to the repayment plan.

      Where trouble sometimes arises is with the Trustee as he may veiw the "additional" payment as a preferential transfer, but whether he cares depends on the size of the additional payment.

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        #4
        I am in the exact same boat as you! Did your attorney think that there wouldn't be a problem to continue your repayment plan? Also, did you notify your mortgage company prior to filing chapter 7, what did they say? Please let me know! Thank you! This is the only thing holding me back right now and I know I have to file soooooooon!

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