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


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    Best Answer
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    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


    Contributor Level 20


    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


    Lawyers agree


    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


    Contributor Level 18


    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

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