Filed Chapter 13 in 2008. We inlcuded (we thought) 1st mortgage arrears, 2nd mortgage heloc in its entirety, 2 cars, and taxes. About a year ago, 2 years into the plan, due to change in income, fell behind on mortgage payments outside the plan. We were unable to maintain the consent order that kept the stay from being lifted on the house, and the automatic stay was lifted from the house only. We entered into a forebearance agreement with them to keep the home out of foreclosure. We have made 4 out of 16 forebearance payments but it is wiping us out financially. We simply cant maintain them and the 1000 trustee payment. We surrendered 1 of our cars to make the plan more affordable and are now a 1 car family. Now, to make things worse, we got a letter from our lender demanding the 27000 due for the heloc. We hoped they wouldn't mess with this for awhile when we were in better standing and could pay it or negotiate a settlement. We wouldnt save anything surrendering the house because it would cost more to rent. Our income has greatly increased and we are in a position to pay a 13 plan and our regular house payment, but have nothing to apply to the 27000 demand. Anyway....here is my question. We do not qualify for 7. What we want to do is allow our case to be dismissed (for non payment, not voluntarily) and refile. We know we'd have to request the stay be extended, and our only worry is the stay not going back into effect on the house. 2 questions.
1) Would a new filing put the stay back on the house?
2) Would we need to wait 6 months? If we have to we can, but obviously dont want to if we dont have to.
Thanks for your help. As said previously, our lawyer is useless. In fact, as I was researching these answers, he sent a request to the trustee to give him an additional 1000 in the plan for all his "extra work". He had to help us surrender our vehicle and respond to motion to lift stay. Grrrrr. But anyway, needless to say, we need answers, and no other lawyer will talk to us until our plan has been dismissed.
1) Would a new filing put the stay back on the house?
2) Would we need to wait 6 months? If we have to we can, but obviously dont want to if we dont have to.
Thanks for your help. As said previously, our lawyer is useless. In fact, as I was researching these answers, he sent a request to the trustee to give him an additional 1000 in the plan for all his "extra work". He had to help us surrender our vehicle and respond to motion to lift stay. Grrrrr. But anyway, needless to say, we need answers, and no other lawyer will talk to us until our plan has been dismissed.
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