Refiling after dismissal, mortgage questions

[klux]

I am facing dismimissal of my Ch 13 for nonpayment (employer didn't send a payment whent the amount due changed, and I didn't make it up). I received the following email from my attorney, "If the Trustee dismisses for nonpayment you would be able to refile a new Ch.13 although there could be a limitation on the automatic stay with regard to
mortgage lenders (not a problem if current on mortgage payments)." I AM behind on my mortgage payment, but they have NOT started foreclosure proceedings. They did have the relief for automatic stay removed from my current case because they did a loan modification a couple years ago and I had to agree to this for them to process the modification. Can anyone elaborate on what this means? I'd like to refile and have the arrears paid through the new plan, but I can't risk losing my home! Any advice?

Also, it appears we make $17.35 ANNUALLY too much to file a 36 month plan, does anyone know if exceptions are ever made? Does anyone know if a 2nd mortgage can be paid in full during a plan (if I have to do a 60 month plan, I'd only do it if I was able include my second mortgage, otherewise I'd be paying a crazy amount to unsecured).

[SMinGA]

I'm no help on much of your post - but when did you file? The figures for median income changed 11-1-09. Anyone who files on/after 11-1-09 uses the new numbers. You can look up for your state to see if they have changed.

Also - it is not based on annual income but on the 6 months prior to filing.

[lrprn]

I am facing dismimissal of my Ch 13 for nonpayment (employer didn't send a payment whent the amount due changed, and I didn't make it up).

Um.....any reason why you didn't make up the missed payment or dog your employer to make the payment quickly?

I AM behind on my mortgage payment, but they have NOT started foreclosure proceedings.

If you are also now behind on your mortgage payments, it sounds like your Ch 13 payment is more than you can manage consistently. True?

They did have the relief for automatic stay removed from my current case because they did a loan modification a couple years ago and I had to agree to this for them to process the modification. Can anyone elaborate on what this means?

So your mortgage company did the modification *after* you filed Ch 13? What did your lawyer and your trustee have to say about this? Did your trustee file to increase your Ch 13 payments after your house payments lowered?

I'd like to refile and have the arrears paid through the new plan, but I can't risk losing my home! Any advice?

You need to ask your lawyer. He/she is a lot more familiar with your specific circumstances.

Also, it appears we make $17.35 ANNUALLY too much to file a 36 month plan, does anyone know if exceptions are ever made?

For heaven's sake. Increase one or more of your expenses by $100 - this won't be a problem any longer. Talk to your lawyer to seee if this might be possible.

Does anyone know if a 2nd mortgage can be paid in full during a plan (if I have to do a 60 month plan, I'd only do it if I was able include my second mortgage, otherewise I'd be paying a crazy amount to unsecured).

Why do you want to pay off your second mortgage in full?