ok so ur house was paid outside plan---had[B] to give money to sis so she wanst on street. I planned on making up payments aug 1 but hearing scheduled for 29th. what do i need to look for and what could this mean??
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49 days olate and motion to file for relief filed by wells fargo
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When you are in a Chapter 13, and especially when paying outside the Plan, you really need to pay on-time, and you really have no grace period, so you can't be 30 days late on anything. My question though, is are you paying arrears through your Plan on your mortgage? Were you already in foreclosure when you filed?
I don't want to frighten you over the weekend. The first hearing for a Motion for Relief from the Automatic Stay is usually non-evidentiary, so it's more a "conference" to see if there is any opposition to the motion (meaning if you don't want to fight it).
However, you are not in a good position. When you're in a Chapter 13... there is nothing more important than making your payments. You will find yourself out on the Street if you can't do this. Not even a family member's needs -- while tough for me to say -- should surpass your immediate family's needs, especially the roof over your head.
So, answering your question... what this could mean... First, unless you pay by the 29th or your lawyer otherwise postpones the hearing by asking for it to be continued, they will get the relief from stay. That will allow them to proceed with foreclosure action. If you're in a State which allows the action to be continued exactly where it left off (e.g. North Carolina), they will immediately set a sale date. If the case is still filed with the State Court (e.g. Florida), the lis pendens case can also be continued where it left off (if it is active).
On Monday, call your lawyer and ask him what you could do. I'm not too sure that making it up on August 1st is going to fly with the creditor or the Court.
I wish you the best of luck on this.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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