When you "back out" of Chapter 13 Bankruptcy, do you resume loan payments on surrendered property that was part of the plan?

Asked over 1 year ago - Fort Myers, FL

My landlord told me he has backed out of Chapter 13 and will resume making mortgage payments on our apartment, which he surrendered in his initial Chapter plan. Is something like this possible?

Attorney answers (4)

  1. Brian David Zinn

    Contributor Level 13

    6

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . Yes, it is possible that the landlord is attempting to catch up on missed mortgage payments. However, without him showing you proof of this, there is no other way I know for you to find out. If the bankruptcy was dismissed, then the bankruptcy has nothing to do with the mortgage anymore.

  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . The term "surrender" may or may not have any meaning at all in a case that is dismissed ("backed out" is not a proper term for anything in Bankruptcy). It is a bankruptcy term that means he will allow the lender to foreclose. If the lender does not foreclose and the case is dismissed, his intent to surrender is meaningless. The lender may or may not foreclose because of a default in payments or other reasons.

  3. William Joseph Kopp Jr.

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . It is possible but very unlikely. He will be so far behind by now, unless he received some money from somewhere or got a modification.

  4. Diane L Gruber

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Since your landlord's Ch.13 was dismissed (probably for failure to make Plan payments), he can keep the property until it is foreclosed upon. Sounds like he wants to keep it, so he is making monthly mortgage payments.

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

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,277 answers this week

2,809 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,277 answers this week

2,809 attorneys answering