Legal Question in Bankruptcy in Pennsylvania

Resuming Mortgage Payments on a Chapter 13

My creditors meeting is not until September of this year. I filed chpt 13 and my first plan payment is due this month. When do I resume my mortgage payments? immediately, or after the meeting with the trustee? I live in Chester County. Also, what if my mortgage company will not take the payment?


Asked on 6/19/07, 8:29 am

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Resuming Mortgage Payments on a Chapter 13

You must resume monthly mortgage payments with the next payment due after filing. So, if you file this month, and your payments are due on the first, your next payment would be due in July.

If you do not make the payment, the mortgage company can ask for permission to disregard the bankruptcy and a hearing will be scheduled. You can then enter into an agreement to repay the post-petition delinquency and resume payments.

I trust this answers your question but feel free to call or E-mail me on a free initial basis.

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Answered on 6/19/07, 1:23 pm


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