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If filing Chapter 7 bankruptcy, & I'm one payment behind at time of the court date, do I still have time to avoid foreclosure?

Colorado Springs, CO |

Filing Ch 7. Court date is end of June. I recently paid May's mortgage payment but cannot pay June's until the second week of July, in which I will be able to fully catch up AND pay July's. Do I have time after the court date to get current before my lender tries to start foreclosure, or if I'm behind on the day of my court hearing, will I lose my house?

Attorney Answers 4

  1. Your bankruptcy case won't be eligible to close until the end of August. Although your mortgage company could file a motion to lift the bankruptcy stay, any hearing on that motion would be at least one month away.

    Why not contact your mortgage company & make payment arrangements with them? It can help if you keep communication lines open. Also, you may want to look into a mortgage loan modification. I have posted a 4 part video series on this topic at the link below.

    Hope this perspective helps!

  2. It is very unlikely that you would have a problem.

    Assuming that the lender has not yet filed a Motion for Relief from the Automatic Stay, the non-payment should have no impact on your bankruptcy case.

  3. One thing I would encourage you to do is to find out ahead of time where to send the payment. Now that you are in a BKC, the creditor may have a separate unit set up to deal with payments coming from those persons in BKC.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

  4. Attend your 341, and as long as your case doesn't get dismissed, your bank will work with you, but remember money talks. Save every penny and be ready to pay in full as soon as you can. I know a house is more than four walls and a roof, but look hard at your finances, and if the house has no equity, then seriously consider walking away and starting totally fresh! Oh and remember to take your Debtor Education course and file it with the Court! Best of luck to you.

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