How to oppose a lift of an automatic stay for a chp 13 from a mortgage company

Asked almost 2 years ago - Fort Worth, TX

4 mos behind. could double pmts over next 2 mos. have been out sick

Attorney answers (3)

  1. Eryk Christopher Gabhran Boston

    Contributor Level 11


    Lawyers agree

    Answered . Talk with your attorney about signing a consent order to cover the post-petition arrearage.

    For informational purposes only. Not legal advice.
  2. Dorothy G Bunce


    Contributor Level 20


    Lawyers agree

    Answered . If you have a legal defense, you should cite it. But the fact that you have been out sick isn't a legal defense to not paying your ongoing mortgage debt in your Chapter 13. Your best chance to resolve this will be to reach an agreement with your lender, either with a loan modification or what is called an APO, adequate protection order, in which you arrange to catch up the debt promptly. Hope this perspective helps!

  3. Diane L Gruber

    Contributor Level 18

    Answered . Probably not. Just have your BK attorney file a new Plan that takes care of the arrears.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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