between a rock and a hard place

[sal]

Ok, so we really cant afford our mortgage payments of about 1k per month and we have been putting off filing bk 13 for almost 6 months now.
If we file we still wont be able to pay our mortgage and the payments we cant make will be put in the plan. Will that raise what our monthly payment should be?
If we cant pay our mortgage how can we be in a ch 13 plan?
Here is the real question. If we dont pay our mortgage for a few months to get some breathing room, thats ok right, i mean we can just add it to the back end of the loan?
And if we dont file for ch 13, can we just go forever without paying our cc debts, which we havent paid on in 6 months.
I hope this isnt confusing but, we dont want to lose the house, and at the same time cant see how we can have anything to file ch 13.
Our attorney isnt very helpful, unfortunetly.

[justbroke]

Ok, so we really cant afford our mortgage payments of about 1k per month and we have been putting off filing bk 13 for almost 6 months now.
If we file we still wont be able to pay our mortgage and the payments we cant make will be put in the plan. Will that raise what our monthly payment should be?

You probably need a modification to make it work. It's best to get a modification before filing. Also, most Banks require, after approval of the modification, 3 months of on-time payments at the "old" payment.

If we cant pay our mortgage how can we be in a ch 13 plan?

You can't. Especially since you'll have arrearages (past due payments) as well. Unless you get a modification, it just won't work. Are you in some strange Adjustable Rate Mortgage (ARM) and the percent is killing you? This may be easy to fix through a modification.

Here is the real question. If we dont pay our mortgage for a few months to get some breathing room, thats ok right, i mean we can just add it to the back end of the loan?

You're current now? if you don't pay, you'll now have arrearages (past due). You'd have to apply for a modification and see how that works.

And if we dont file for ch 13, can we just go forever without paying our cc debts, which we havent paid on in 6 months.
I hope this isnt confusing but, we dont want to lose the house, and at the same time cant see how we can have anything to file ch 13.
Our attorney isnt very helpful, unfortunetly.

You can keep not paying, but eventually, the CC companies will come for you. If you have a good Bankruptcy attorney, they would guide you through what we call pro-Bankruptcy Planning.

[sal]

thanks

Tahnks Justbroke.
I guess ill have to get a hold of Us Bank asap and see if they will work with me.
Im hoping they will work with me, in that they would rather have some money coming in than none at all or a property to forclose on.
Do you see it the same way?
Thanks so much for the advice!

[Flowers]

Skip 3 mortgage payments and get in contact with the mortgage lenders Loss Mitigation department for a loan modification.
Do not pay the cc bills
File for the ch 13 once you've got a deal in place with the mortgage company.

Mortgage company will ask you for a letter as to why you fell behind, tax returns, copies of bank statements and pay stubs.

good luck