Sterling, VA asked in Bankruptcy for Virginia

Q: Hello, I have a chapter 13 case and I fell behind in my mortgage payments so I received a motion to lift the stay

the hearing is for this wednesday april 17th in Alexandria Va. I am currenty 2 months behind and my attorney filed for an amended plan but I have no consent yet from the bank's attorney .....

My question is: what should I expect if the bank's attorney does not want to consent?

I am current in my plan payments

I appreciate any input or advice in this matter

Thank you

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2 Lawyer Answers

Kevin M Rogers

  • Bankruptcy Lawyer
  • Boise, ID

A: You will be fine. THAT’S what Chapter 13 is for. It would be a different matter if the Mortgagee could prove that your house had NO equity. Because it is the equity in your house that the court will find is necessary for your rehabilitation.

Your lawyer will amend your Plan, adding a new, secured creditor - the same Mortgagee except the amount he will be owed is EXACTLY the amount, including interest of the arrears. You will pay this through the Plan, through the Trustee and it will raise your monthly pmt slightly, but then the Court WILL approve your amended Plan. No worries!

Bruce Alexander Minnick agrees with this answer

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: They will likely give you time to make up the late payments. Go in with a plan to catch them up. You should be fine.

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