They can get the Motion for Relief from Stay, but that doesn't mean they will start foreclosure proceedings. If your mortgage is current, they won't generally foreclose. They just want to make sure they are covered in case you are late on your future payments.
As Mr. Ashman said, you need to contact your attorney. If you do not have one, you may have waited too long.
You might be eligible for a plan modification, but only your attorney would know all the facts and circumstances to determine if this is possible.
There are no exceptions to the "8 years filing date to filing date" rule. I'm assuming your previous Chapter 7 wasn't dismissed, but was discharged and closed. You need to be speaking with your attorney.
Yes, the attorney can keep the fees if you signed a contract making the full fee non-refundable. My contract provides that a portion of my fee is non-refundable if they change their mind before signing. That covers the work I do before signing. If I haven't done anything on their case (meaning no document preparation and no significant phone calls or e-mails exchanged) when they change their mind, I will usually refund their payment, as my consultation with them is free.
If you didn't miss any mortgage payment since you filed the 13, you didn't need to convert. You make up the missed payments in the Chapter 13 plan. As long as you stay current after filing, you are fine. It sounds like you don't have an attorney--big mistake! Chapter 13's can be tough for people trying to do it on their own. The mortgage company should be able to talk to you if you have no attorney. If you do have an attorney, you need to talk to them about why you converted to a Chapter...
When you file for bankruptcy, you must list all names you have used in the last eight years, including your current (new) last name. If you have no joint debt with your new husband, his credit shouldn't be impacted by a bankruptcy. Please call an attorney to set up a consultation--most offer one free consultation.
Bankruptcy will not remove the inquiries from your credit report. It will help you get a fresh start, however. Contact a local bankruptcy attorney to help you through this process and make sure it is done correct.
If the court's filing fees were not paid, the court will eventually dismiss the case. However, if you plan to file again, this creates problems. Speak to an experienced bankruptcy attorney--most offer free consultations.
Even if you give a value to your attorney, the attorney will probably check KBB and Edmunds to verify the amount. Of course, the condition of the car is important, but generally I use KBB and Edmunds to get an idea.
I am in Peachtree City and would be happy to meet with you to discuss your bankruptcy needs.