Legal Question in Bankruptcy in Tennessee
Our bankruptcy was discharged last month. Chapter 13, everything was paid off. No creditors showed up at our Show Cause hearing so the judge signed off on the discharge. Now our mortgage company is telling us we owe two months of mortgage to them for the two months prior to our bankruptcy starting (2 years ago). They are threatening foreclosure. Can they do this?
1 Answer from Attorneys
You should go back to your Chapter 13 attorney. Normally what one would expect is that the mortgage would be cured during the life of the plan. Then when you come out you'd be current. I see this arise from time to time either because the arrearage amount in the plan wasn't correct or the payments were not made timely during the plan. Best bet, go back to your chapter 13 attorney. Congratulations on finishing the payments on your plan.
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