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Chapter 13 and Relief of Stay Motion

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    #1

    Chapter 13 and Relief of Stay Motion

    Okay now I'm a bit concerned...

    I am currently in active foreclosure and will be filing Chapter 13 next week. I understand that will place an automatic stay and the foreclosure will stop. All of my arearrages will be placed in the plan and I will start making regular payments again on September 1st (she included Augusts' payment in the plan) -

    We have put together a strict budget. As long as I make all of my payments on time while in Chapter 13, can they still file a motion to relief stay? I know is most cases, that's normal for a Chapter 7... I want to keep my house....so I WILL be making all of my payments on time!
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    #2
    If you file next week - as in July - you cannot include the August payment in the arrears to be paid in the plan. Post-petition payments (due after you file) must be paid on time. Question your atty on this ASAP.

    Otherwise, assuming your plan is reasonable (will pay off arrears and any other required items) and you keep post petition payments current - they should not proceed with lifting the stay & foreclosure.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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      #3
      Oops, I will definitely question her about this! But I think she will be filing on August 1st...gotta go back and check my notes.

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        #4
        That would change things... As of August 1st your August payment is due, and so Sept. would be your first post-petition mortgage payment.

        Is it possible for the foreclosure sale to happen before August 1st?

        Originally posted by justbaby View Post
        Oops, I will definitely question her about this! But I think she will be filing on August 1st...gotta go back and check my notes.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment

          #5
          No as I still have not yet been served nor a date been set yet. I think that's the plan...to file on August 1st.

          I was just freaking out about the relief from the stay....

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