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

Fort Worth, TX |

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

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Attorney answers 3


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

For informational purposes only. Not legal advice.


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!


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. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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