I am sure the vast number of CHP 13 lawyers on here have experience with relief of stay. Can you please share with me some ways a mortgage company may obtain a relief of stay in a chp 13 bankruptcy?
They file a motion. If the court allows the motion, the stay is lifted. I suggest that you not ask completely theoretical questions, either here or when talking to your own lawyer. Few legal questions have meaning outside the context of a specific case.
The main reasons would be if, as the Chapter 13 case progressed, you didn't keep up with the current mortgage payments. If you don't already know it, a 13 is complex to both prepare and file and also to keep up with in the process. I strongly recommend that you consult with a qualified bankruptcy attorney in your area.
This reply does not constitute legal advice or establish an attorney-client relationship.
The only way a mortgage company can obtain relief from stay in any bankruptcy case is by filing a Motion with the Court seeking an order. Typically, this happens either because there is no adequate protection such as a lack of insurance, or because the Debtor fails to stay current with his or her post petition secured debt payment to the lien holder. As others have already stated, Chapter 13 is a complex proceeding and should not be undertaken pro se. If you are concerned that your automatic stay protection is in jeopardy, I strongly advise you to consult with a local bankruptcy attorney experienced in Chapter 13 representation.
The main reason they lift the stay is when you miss post-petition payments.
If you keep up the payments, most of the time you are fine.
Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.
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