Motion to Dismiss Question

[michaela]

I filed chapter 13 last month made my first trustee payment and mailed my mortgage payment one week before it was due. The payment did not get there till two days after the due date, they did cash the check. I noticed that all of a sudden my online account with my mortgage account was restricted. Because my case is not confirmed do they still have to do a motion to dismiss? Im worried because the payment was two days late. I live in ny. Any comments would be greatly appreciated

[walkthaplank]

I think you are worrying about nothing. They most likely restricted your online account access because of the BK filing. If your mortgage contract has a grace period in which to make your payment, that grace period still applies. It isn't in the banks interest to contest confirmation or move to dismiss.

[michaela]

Thanks for writing back I can breath a little easier today!!!!!

[justbroke]

michaela, almost all banks will restrict on-line access to accounts when you're in bankruptcy. There's no motion to dismiss, so I wonder why you thought that? Did you file through an attorney?

[justbaby]

No worries! I call to make my payment on the first of the month through the bankruptcy department and it doesn't post until 4 days later (according to the statement). The grace period still applies!

[michaela]

Thanks all!!!! I did file with an attorney I just thought one day late they could file a motion