Legal Question in Bankruptcy in Georgia

Missed chapter 13 payments

I have filed chapter 13 in feb 1997. I latter changed jobs which i did not report because i was not sure the job was going permanent So i was sending the chapter 13 payments in myself. I missed 2payment December and January 1998 feb is coming up. My mortgage has been paid. I received a letter of to dismiss the stay from the housing authority for the pass payments a date of march 5 is schedule to dismiss the stay. What is my rights i want to save my home i can come up with the payments. My new job is paying me more than i was making at the beginning of the filing in 1997. What should I do.


Asked on 2/21/98, 12:55 am

4 Answers from Attorneys

Mark Machado Law Office of Mark S. Machado

Make the payments Now!

It may not be too late..... try making the paymentsnow even though they may be late.....

Also, inform the Chapter 13 trustee of changesin your job status....assuming youwill be continuously employed and able tocontinue with your payment plan.

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Answered on 2/25/98, 3:35 pm

Missed Chapter13 Payments

I was unclear as to which payments you missed, the plan payments or the post-petition mortgage payments. If you have missed your mortgage payments, you may be able to negotiate with the mortgage company to catch up those payments, but you have also probably incurred additional late/atty fees. The same is true with the plan payments, you mustbe prepared to catch them up in order to have some leverage in preventing the dismissal.

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Answered on 2/25/98, 3:36 pm

Pay, Oppose the lifting of the stay

As soon as you can call the Chap.13 trustee and explain to him your situation, pay the balance of the payments miss and talk to the mortgage creditor to put your account up to dateGood Luck!!

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Answered on 2/25/98, 4:17 pm
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Missed Chapter 13 payments - move to modify Plan

Have your attorney file an objection to dismissaltogether with a motion to modify the Plan toreflect your current position. The court willsurely grant your motion and you will continuewith your Plan, possibly getting your dischargeearlier than under the original Plan.

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Answered on 2/28/98, 3:03 pm


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