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O.k. it took a year, but my BK 13 Plan is

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    O.k. it took a year, but my BK 13 Plan is

    finally confirmed...

    Today, I received letter from mortgage company. 2 year ARM is going up. Interest rate gets jacked form 7.7% to 9.2%. Thus, my house payment goes up $300.

    Can I file a motion to amend my Chptr 13 plan and reduce it by the same amount the mortgage went up? (btw, mortgage payment is outside the plan).

    And, more to the point, what are the odds the judge will grant me relief due my new hardship?


    Anyone?

    Thanks!

    #2
    It's a legitimate expense so a legitimate reason to amend your plan.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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      #3
      Wtih you mortgage payment being outside the plan you may have a problem adjusting your plan to accommodate it....... not sure on this.....

      I know Trustee will adjust everything within the plan, but not sure if he adjust your plan to accommodate items outside the plan.......

      Check with you attorney on this..........
      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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