How many month behind in your mortgage are you consider delinquent if in chapter 13 in state of Illinois

Any delinquency can be grounds for the lender to bring a motion to dismiss your bankruptcy case, and/or bring a motion to modify the automatic stay to take the loan outside of bankruptcy to start a foreclosure. You can request verification of the delinquency, and the lender must provide that if you feel that you are current on your payments. Having proof of all payments (receipts, canceled checks etc) from the start of the bankruptcy case can help prove your case to the judge and creditor.

If you truly are in default, you can either ask the court for time to catch up, usually 2-3 weeks, or else you can negotiate what's called a default repay order, whereby you and the creditor agree that you will catch up over a period of time (2-5 months normally) where you would make the mortgage payment and an additional payment over that time to cure the arrears and pay the attorneys fees. You have to give up something, you will agree that the creditor doesn't have to go back to court again to modify the stay if you default again. They will send you a notice of default, and you must cure, normally in 15 days. If you do not, then the automatic stay lifts automatically after the 15th day.