Motion to dismiss my chapter 13 case?

Question

I am in chpt 13 and lawyer fo my mortgage co is filing for motion to dismiss & proceed with foreclosure. I have defaulted with my current mrtg payment. Need advice/help on what I can do to prevent it.

Answer 1

the chapter 13 can include past due payments UP until the bankruptcy filing date. the delinquency payments will be added to the list of creditors for disbursement through your trustee payments. if you've made your payments since then, you can defend the motion yourself with proof of on-time payments since the bankruptcy date.

but, if you default on the payments after the file date, then they win and the judge could rule that the bankruptcy does not cover their debt, and the house can be foreclosed on. you need legal advice from an attorney and I recommend doing it quickly. I know ch13 bk's can cost $900-$1500. if you've already hired one, they should be able to help you. if you haven't hired one, you may want to discuss your options with one.

one last option maybe be to convert your ch13 into a chapter 7 bankruptcy. however, if you don't reaffirm with your mortgage company, they may proceed to foreclose anyway. maybe, your best option is to sell your home and retain as much equity as you can, and live in housing that is more affordable for you. i hope it works out for you.

Answer 2

Filing BK delays the Mortgage repayment, it does not eliminate the debt.

You need to make arrangements to get your mortgage current ASAP. The foreclosure process takes time and lenders are usually open to working with you. The other option would be to try and REFI, this might lower your payments and allow you to stay in your home.

Good luck

Answer 3

If you don't havve a lawyer, you better get one. If your case is dismissed. it will be like you never filed.

You have to file a response telling why the case should not be dismissed. You will have to show how you are going to make your mortgage payments.