Behind on payment and might give up house

[ilbcertain]

I started my chapter 13 about 5 months ago. We are paying for the house, arrears and a car. My commission job is not going as well as i thought and we are falling behing a little each month and the trustee wont confirm it. If we opt to give up the house, how long will it take until we have to move? and will they stop taking the payment every month so i can save money to move?

[newbie2]

Your attorney has to amend your plan to show the surrender of the house, and also account for rental expense that you will have. I don't know how long this takes in your district, your attorney should have a good idea of the time frame you are looking at. As far as moving, the lender still has to follow the foreclosure procedures in your state. You should have plenty of time to save money for your move. Good luck to you.

[ilbcertain]

Will they stop the payment that i am sending to the trustee as soon as my attourney amends the plan for the house?

[lrprn]

Will they stop the payment that i am sending to the trustee as soon as my attourney amends the plan for the house?

Typically your current confirmed Ch 13 payment will be due in full to the trustee every month until the new modified plan is confirmed or unless your trustee gives permission to skip a payment or two under the circumstances.

Ask your lawyer to see what normally happens in your local court and with your Ch 13 trustee when other filers have found themselves in this same position. Also ask how long it usually takes in your local court to get a modified Ch 13 plan confirmed.