Legal Question in Bankruptcy in Massachusetts

release from stay

I really need some help. I filed for Ch. 13 about 8 months ago. Since then I have been making my payments to the trustee of time. My problem is that I was out of work for 2 months and ended up missing 2 of my mortgage payments. I figured I'd get caught back up eventually but it would problably take a few months. I am now in a financial situation to be making my mortgage payments on time now and I know I will not miss another payment (my husband go a higher paying job). It will jst take me a little while to make up the missed payments. When I called my mortgage company today to make my payment for this month over the phone they told me they could not take it and that my account had been turned over to their legal department. They said they were asking to have the stay released and told me that I was behind 3 months (including the payment that I was able to make that day but they would not let me). What exactly is going to happen to me? I can't loose my home. How long will I have until something happens. I do not have the money to pay these 2 missed payments all at once. Please help!


Asked on 1/16/04, 5:21 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: release from stay

Do you have a lawyer representing you already? If not, you need one. The situation you describe is not unusual and has a couple of fairly easy answers. However, you really need to have a lawyer help you with it to get it straightened out because the answers involve legal theory which is not always easy to understand unless you've done it a number of times. Call me at 617-367-4260 to make an appointment if you don't have a lawyer and I will help you. David Baker

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Answered on 1/17/04, 10:18 am


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