Adding during Chapter 13

[boye72]

Since we've filed bankruptcy, we now have enough money to cover monthly bills, but we've had a medical emergency and now have TONS of medical bills. Is it possible to add a mortgage payment to your bankruptcy after you've filed? We've made 9 payments on time so far.

Thanks

[krielly]

Guess I'm not clear what you are asking? Are you paying your mortgage payment outside of your BK, and you want to include it with your payment? You can't cut that expense, unless you want to give up your house. It has to be paid one way or another.

Bills incurred after your filing are your responsibility, and can't be discharged. Maybe you can speak to your attorney to see if your plan can be modified.

Hard to say without more information.

[boye72]

Sorry about the lack of information. I am paying mortgage outside bankruptcy. I have been up to date with payments, but have had a hard time lately due to days off with our daughter and medical payments. That is now over and we are back on track, but have had a hard time keeping up. If we could put one extra mortgage payment into our bankruptcy plan as arrearage, then we'd be back on track with all our payments. The mortgage company said this might be an option for us. I have left a message with our attorney, but just wanted to know what I might be able to expect with this. I guess I'm too impatient.

[krielly]

I think you will need to wait to hear from your lawyer. Some trustees will allow this, some not.
One other possibility is seeing if the trustee will allow you to skip this months payment. Not sure how much your payment is, so I don't know if that would help you or not, but some trustees will allow you to do that for a month or so, as long as you make it up by sending in additional $ each month until you are caught up.

It all really depends on your trustee..........

good luck. Hope your lawyer returns your call soon.

thanks
K

[HHM]

Has your plan been confirmed?

If the arrearage happened after you filed, the answer is generally no, you cannot add it after the fact.

Since your in an active 13, you can probably work something out directly with the loan servicer since it is only 1 month. Or, if you haven't acutally missed the payment yet, you could try to be proactive an ask the loan servicer for a 1 month hardship abatement of the payment.

[woeisme]

I think one option if you can't make your payments due to the large medical bills is to let your CH 13 dismiss and then re-file to include the new medical bills. Since you're only 9 months into your 13, it might be better than trying to struggle for 4+ years with payments you can't manage due to the medical costs. If you are up to date on your mortgage, then you don't have to worry about losing your house when the 13 dismisses because they won't be looking to foreclose, and hopefully when you refile with the new bills in the plan you will be back to where you were before the medical bills, able to cover the monthly bills and trustee payment. Just a thought.

[boye72]

The attorney called back (with in 24 hours - not too bad from what I'm reading) and said we could either add the extra payment or stop making payments for 3 months. He said stop making payments is less work and will end up with a little more cash, or, since my husband and I are both taking on part time jobs, hopefully we can get by with just one month of no payment and get back on track soon. I want bankruptcy over as soon as possible, but some times you just have take what you get.

Thanks for the advice.

[PoorGrammyinBK7]

I think one option if you can't make your payments due to the large medical bills is to let your CH 13 dismiss and then re-file to include the new medical bills. Since you're only 9 months into your 13, it might be better than trying to struggle for 4+ years with payments you can't manage due to the medical costs. If you are up to date on your mortgage, then you don't have to worry about losing your house when the 13 dismisses because they won't be looking to foreclose, and hopefully when you refile with the new bills in the plan you will be back to where you were before the medical bills, able to cover the monthly bills and trustee payment. Just a thought.

What happens to all the money they have paid in if they let the chapter 13 dismiss? Do they get credit for what they have paid in already? If not confirmed has ANY of the money been paid out to creditors? I don't understand how all this works.....

[PoorGrammyinBK7]

The attorney called back (with in 24 hours - not too bad from what I'm reading) and said we could either add the extra payment or stop making payments for 3 months. He said stop making payments is less work and will end up with a little more cash, or, since my husband and I are both taking on part time jobs, hopefully we can get by with just one month of no payment and get back on track soon. I want bankruptcy over as soon as possible, but some times you just have take what you get.

Thanks for the advice.

Is your attorney saying to stop making the chapter 13 payments or mtg payments?

[rrockinggramma]

The attorney is recommending that they miss a couple of mortgage payments. Then the mortgage lender will file for relief of stay etc and then the payments will be added to the plan by amending it. I would just make the attorney amend the plan now and not miss any more mortgage payments. Miss the one and have the attorney file the amendment.

If you are confirmed and dismiss, all monies are paid to the creditors. If you are not confirmed, after trustee fees and lawyer fees, the rest is returned to you.