Try to keep it short. I'm filing a 13, i was married but since have separated but have not filed. I lived in an apartment for the past 6 months. She had stopped making payments trying to modify here loan to something affordable but I'm on the loan. I guess she talked to the bank today and they said she is to far behind but if i put it in the 13 foreclosure will stop. So her plan was to give me the 2k i still owe the lawyer if i can add it to the 13. So can i do this? Would it be part of the payment plan because that wont work? Answers i need answers lol.
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In general, yes a ch. 13 can pay off the arrears on a mortgage - stopping foreclosure - though the post-petition payments would need to be paid on time. (In or out of the plan, would depend on the district/trustee.) But I'm not sure how it would work for you to include apartment rent as an expense AND include the mortgage in the plan. Good thing to discuss w/ your attorney.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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It could be difficult explaining to your trustee why you need to include a rent payment *and* a house payment for housing. That might get challenged, especially since your estranged wife is living in the home alone.
Is your wife planning to file a joint Ch 13 with you? Or are you trying to file alone? Which state do you live in? (I'm asking to see if it's a community property state.)I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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I live in California and plan on filing alone. She gets about 5k a month in disability so we can't file together because of the income. I think that disability can't be garnished so if we filed together that pretty much leaves my paycheck out there to be taken and if I'm not with her leaves me up the river.
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Since she didn't get the modification to make the payment "more affordable" then it sounds like she can't afford the payment anyway. She needs to find a more affordable place to live.
If she CAN afford the payment on her own, and she just fell behind purposely to qualify for the mod and stupidly didn't save that money, then it sounds like she needs to be the one to file ch.13 to stop the foreclosure.Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
0% payback to unsecured creditors, 56 payments down, 4 to go....
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