Refiling 13 tomorrow, how much back $ is owed?

[katethegreat]

Our first case was dismissed on 4/15. Unfortunately we were told by our attorney we didn't have to attend this hearing and then he waited a week to tell us our case was dismissed. Our house is scheduled to be sold tomorrow but we are REFILING chap. 13 at 9 AM tomorrow.

My question is, do we have to make up all the back month payments ? We initially filed in February so do we have to pay February/March/April payments + May in order to keep our home? Or, do they just request in the 30 day period from tomorrow that we begin making the payments again (mortgage, car, plan payment, etc.)? We are able to begin making the payments now however, if we are requested to make up three months + the current month within 30 days, that is about $25,000 which is unlikely we will be able to do. Within 60 days, we have a chance but not 30.

If anyone knows this answer, it would be tremendously helpful. Thank you for reading.

[katethegreat]

Bump? Does anyone know the answer to this? Thanks.

[justbroke]

Our first case was dismissed on 4/15. Unfortunately we were told by our attorney we didn't have to attend this hearing and then he waited a week to tell us our case was dismissed. Our house is scheduled to be sold tomorrow but we are REFILING chap. 13 at 9 AM tomorrow.

It depends.

Now, here's my qualified answer. I guess you are paying to re-open your case (filing teh appropriate re-opening fee as well), and then motioning the court to Re-Open your case officially.

My question is, do we have to make up all the back month payments ? We initially filed in February so do we have to pay February/March/April payments + May in order to keep our home?

This depends on how your lawyer arranges this. These would be considered post-petition arrearages. They "could" be included in the amended plan, but how did you fall behind on those payments as well? Were the payments outside the Plan? If the payments were outside the Plan payment (payments directly to the Trustee), are you sure you can afford your Plan and Chapter 13???

Or, do they just request in the 30 day period from tomorrow that we begin making the payments again (mortgage, car, plan payment, etc.)? We are able to begin making the payments now however, if we are requested to make up three months + the current month within 30 days, that is about $25,000 which is unlikely we will be able to do. Within 60 days, we have a chance but not 30.

If you were already in plan, your lawyer will have to come up with a Stipulation (or other agreement) on making up Plan payments. Generally, you may be able to re-do the original plan to accommodate, but the Trustee may not like this. You may have to cure the post-petition arrearages in 6 months... maybe 12 months if you're lucky. A good lawyer may be able to get the post-petition arrearages spread over the res of the plan.

I don't understand the correlation between missing a hearing, and missing every plan payment since your plan was filed. Elaborate more, because something is not adding up.