Legal Question in Bankruptcy in Virginia

Mortgage Company and Bankruptcy

I am in an active Ch. 13 bankruptcy. My mortgage company has begun to take my new payments and post them to the arrears that are included in the bankruptcy thereby making my new payments behind. Is this legal when I am paying the trustee to pay off all past arrearage?


Asked on 1/04/08, 6:26 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Mortgage Company and Bankruptcy

This is not legal. They must abide by the plan. Your bankruptcy lawyer should address the matter with the lender and, if necessary, the court.

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Answered on 1/08/08, 9:08 am


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