Will I be denied a discharge until my payments have been caught up?

[GIVFOUR]

Can you receive discharge once payments have been caught back up on payments to lenders outside of chapter 13[
plan? I am behind in mortgage payments and my chapter 13 is scheduled to go to court next month for discharge. Will i be denied a discharge

[kornellred]

It would be best if you discussed this with your attorney. Chapter 13 debtors are not entitled to defer or skip payments to creditors that are being paid outside the payment plan. Your mortgage lender is almost assuredly listed in your creditor matrix and has probably submitted a claim.

After coming all this way, you would not appreciate the trustee filing a motion for dismissal of your case.

[HHM]

You shouldn't be denied discharge, but let me ask you this...

When you originally filed your chapter 13, was part of your plan to pay back mortgage arrears (missed payment)?

[YouMind]

My lawyer stated it simply.

Chapter 13:

You will make timely payments to your trustee and all creditors receiving direct payments as required by the court. By doing so, you will have convinced the court that you can properly manage your finances for a period of 3 to 5 years. In return, the court will clear you from all outstanding unsecured debt as allowed by law and other debts as covered by your Chapter 13 agreement.

By getting behind on your direct payments (payments to your mortgage company) and not asking the court for help, you have failed to meet the requirements of Chapter 13.

Your lawyer may be able to work something out with your creditor. The earlier your lawyer knows that you are in trouble, the more they may be able to help you. Do not let your lawyer find out about the payment problem at your discharge hearing. It will be too late. The last thing you would want is your mortgage company asking for a Motion of Relief just prior to your discharge.

Call your lawyer now!

[TheBajan]

My lawyer stated it simply.

Chapter 13:

You will make timely payments to your trustee and all creditors receiving direct payments as required by the court. By doing so, you will have convinced the court that you can properly manage your finances for a period of 3 to 5 years. In return, the court will clear you from all outstanding unsecured debt as allowed by law and other debts as covered by your Chapter 13 agreement.

By getting behind on your direct payments (payments to your mortgage company) and not asking the court for help, you have failed to meet the requirements of Chapter 13.

Your lawyer may be able to work something out with your creditor. The earlier your lawyer knows that you are in trouble, the more they may be able to help you. Do not let your lawyer find out about the payment problem at your discharge hearing. It will be too late. The last thing you would want is your mortgage company asking for a Motion of Relief just prior to your discharge.

Call your lawyer now!

I completely agree with this advice. I would hate to take the gamble that after all you've done to reach this point it could get thrown out.