Legal Question in Bankruptcy in Nevada

ch 13 -- foreclosure

I am in ch.13 bankruptcy protection. I got 2 months behind in my mortgage and now the bank is filing for foreclosure. I have to go to court on 3/4/04. My late payments will be caught up before court. I had an unexpected emergency medical problem last summer and that caused me to get behind on my payments. I believe my medical problem is valid reason for getting behind. My financial situation has changed dramatically for the better in the last 2 months. Do you think I have any hope of the judge disallowing the foreclosure on my home and to continue my bankruptcy protection? As I said, I will be caught up before I go to court. Thanks.


Asked on 2/16/04, 9:15 pm

1 Answer from Attorneys
Dorothy Bunce

Chapter 13 Foreclosure - Payments Delinquent After Filing

For a number of reasons, it is impossible for me to predict whether the Court will allow the foreclosure to proceed or not. If you had hired an attorney, this situation could probably have been negotiated and settled without much effort. Although the facts you have set out make a good argument to allow the Bankruptcy to continue, if you did not file a written response to the Creditor's Motion and file it with the Court, the Court date you think you have may not take place. Although it is too late to help you now, I hope others planning to represent themselves will see why hiring an attorney is a bargain!

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Answered on 2/17/04, 11:55 am


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