Legal Question in Bankruptcy in Wisconsin

I am acouple days late on my home mortgage, will my chapt 13 bankruptcy be dismissed?


Asked on 4/30/12, 4:33 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

No, it is potentially much worse than that. Chapter 13 is intended to give you "one last chance" to catch up on your mortgage, and, if you fail, your failure to pay your mortgage again after filing can result in your loss of this option. The bank would normally move to lift the bankruptcy protection ("automatic stay") in order to permit their foreclosure process to move forward once again, right where it left off when you filed bankruptcy, in the state of WI legal system. Such an order not only lifts that stay for this bankruptcy but for any other bankruptcies later one which you may wish to file once you get back on your feet. You should therefore do everything in your power to make the late payment as soon as possible and remain current with all other post petition payments. Obviously, you should also be speaking with your own lawyer about this rather than seeking advice online. If you are not represented, you should definitely change that since chapter 13 is complicated and most definitely is not a "do it yourself project." And, many experienced lawyers do not even know how to handle one, so make sure that you go to one who practices in this area. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.

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Answered on 5/01/12, 4:58 am


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