Legal Question in Bankruptcy in New York

relief from automatic stay

my husband and i filed chapter 13 in dec. 2002.the payments to the trustee are very high and we have been have trouble making them and paying your other bills.our lawyer has not helped us much.we got a letter from uor mortgage co. saying that they are filing for a relief from the automatic stay.they say that we are 4 months behind on post petition payments.i know we are behind but i only have it as 2 months behind.what can we do.i don't even what to call uor lawyer about this because he acts like he really doesn't care what happens.please help.thanks


Asked on 8/01/03, 8:50 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: relief from automatic stay

This is a difficult situation for you. The bank is seeking to terminate the protection you received by filing under Chapter 13.

There are options we can pursue. The Chapter 13 can be re-opened to change (diminish) the size of the payments or the CH13 can be converted to a CH7 (your home would still be protected, but not all of your other assets may be fully protected).

There are options. You still have choices to make. I would be happy to assist you by going over them with you. You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Read more
Answered on 8/01/03, 4:02 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in New York