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Chapter 13

Submitted by Kitty Marie on Fri, 10/23/2009 - 08:47
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I was just informed that my mom had filed a chapter 13. I don't know much about bankruptcy and everything I look at reads like stereo instructions.

Recently her home was about to go into foreclosure. They were able to stop the proceedings and file for the chapter 13 in time. However, because she has refinanced so many times in the past and couldn't keep up with the payments her mortgage is sky high now. $4200 a month.

Is there anyway to reduce that? Any suggestions or info would be greatly appreciated.


Yeah - unfortunately she didn't come to me before all of this happened. She came right down to the wire with her BK too - then landed herself in the hospital.

So now that I know I am seeing if there is anything else we can do because now she's going to be on Disability and won't be able to keep up on that type of a mortgage. Since she went into the hospital the mortgage company tried to hold it off for her.


Submitted by Kitty Marie on Fri, 10/23/2009 - 10:31

Kitty Marie

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Unfortunately a BK will take care of the past-due arrearage, but will still require her to make the current/future monthly payments on the mortgage. If she doesn't make those payments, the mortgage company can file a motion to modify the stay and resume foreclosure.

In certain circumstances, the BK attorney might have been able to get a cram down and either lower the mortgage payment/interest or even strip their liens, but that has to be done before the plan is confirmed.

Outside of that, a modification or another refinance might be her only options if she can't afford the payments.


Submitted by DebtCruncher on Fri, 10/23/2009 - 16:30

DebtCruncher

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