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caramn · Joined: 04 Apr 2009 Posts: 1 2.07 Dollars($)

Hi, My husband and I have been in a chapter 13 since 2006 never missing a payment. The reason we had to file was we got behind on our mortgage. Now in Jan of 2009 my husband was laid off from his job and we have not been able to keep up with the bk payments. We have asked that our bk be dismissed in hopes that we can workout something with the mortgage company. I spoke to someone yesterday from the mortgage and they told me to send in a hardship letter and any income information. My question is i am not sure where to start with the hardship letter. Do I start with why we had to file for bk in the first place and now we cannot make those payments. There is nothing more important to us than to keep our home. My home will always be paid first if they give us a second change. Things are a bit better for us in that I am workig full time now but i cannot make the kind of money we need to stay in chapter 13. My husband has had a hard time finding new work and there would be no other job that paid him like the oilfield. His oilfield job is what kept us going. Any information will be greatly appreciated.

Thank you

adonis · Posted: Sat Apr 04, 2009 10:32 pm Post subject:

Hi caramn,

I guess, your chapter 13 bankruptcy was already discharged and then you started paying off the mortgage according to new terms and conditions given by your lender. In that case, you won't be able to dismiss your bankruptcy.

As you are facing hardship in paying off the mortgage dues, you can contact the lender and apply for a loan modification. However, it would be the lenders discretion whether he would accept your loan modification request or not. To know more about writing hardship letter, check out the following page:
http://www.mortgagefit.com/problems/hardship-letter.html

Guest

I am in a Chapter 13 and the mortgage company is doing a modification on my loan at a lower interest rate. In order to release the modification, they need a letter of dismissal from my attorney. What is the ramifications of doing that? Also, is it too late to fire your attorney as I've left messages and she was supposed to call me as she wanted to talk with me about this? It's been over a week and I now have an appointment for Monday? Anyway, just concerned. Sad

jameshogg · Posted: Fri Jul 24, 2009 10:32 pm Post subject:

Hi ovillarreal,

If the lender is asking for a letter of dismissal pertaining to bankruptcy, then your bankruptcy will be dismissed once you sign the letter. However, you will get loan modification if you sign the letter. As far as firing your attorney is concerned, I think you should meet her on Monday and then decide what you want to do. You can dismiss her if you are not happy with the kind of service your attorney is offering you.

Thanks

Guest

I HAVE BEEN TRYING TO GET A DISMISSAL LETTER SINCE 2002 AND CAN NOT GET THE ATTORNEY FROMTHAT TIME TO RESPOND TO MY REQUEST. TRYING TO BUY A HOUSE BUT DISMISSAL LETTER IS NEEDED FOR PROOOF OF DISMISSAL. WHAT CAN i DO?

adonis · Posted: Sun May 16, 2010 11:44 pm Post subject:

Welcome CC,

Has your bankruptcy filing been dismissed by the court? If your bankruptcy has been dismissed, then didn't you receive the dismissal letter in 2002? It is quite surprising. You will have to contact your bankruptcy attorney and get the letter. I don't think you would be able to do anything else in this regard.

Guest

Me and my husband are currently in a Chapter 13 for about a year and half now. My husband was in an automobile accident two weeks ago on Tuesday August 24. The vehicle was totaled and we contacted our attorney the same day. We are trying to get a substitute in collatoral for that vehicle. My attorney has sent us a letter stating that we have to go to court on Sept. 29 to get the order approved. That will have been 6 weeks that my car would be totaled. I tried to call him requarding this letter. I had to schedule an appointment to have a returned call for a phone appointment. I never recieved the call. So my questions are.....Is this way to long for this situation to be dragging out in court...isnt there an easier way? We NEED a car!! And if this dissatisfaction continues on our part with our attorney, is it possible to fire your Chapter 13 attorney and transfer to a new one? If so, how and what will it consist of?

jameshogg · Posted: Fri Sep 03, 2010 12:35 am Post subject:

Hi Butler,

Unless you get an order from the bank, it would be difficult for you to buy a car now as you're in Chapter 13 bankruptcy filing. You can fire your bankruptcy attorney but I doubt whether other lawyers will be ready to take up your case now as you've already filed the bankruptcy.

Thanks

Guest

go to the trustee to get it dissimed in turn the judge must do the final signature.

Guest

each state is different, the lawyer can not do nothing with out the trustee and sig from the judge. The only thing is that if its dissmissed by trustee i beleive its better if you write a certified letter to the judge and trustee that handled your case with the old docket numbers,also send it to your attorney--stating you wish to dissmiss your chap 13 because it has not been beneficilal for you and it has been a loss more than a gain for you.

Guest

how do you write a letter to a mortgage comapny why you did chap 7 and that now yo are truly working dilengently to maintain your scores high

adonis · Posted: Wed Sep 15, 2010 10:55 pm Post subject:

Hi mimi,

You can contact an attorney and he will help you in drafting the letter of explanation for your mortgage company.

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Hardship letter and chapter 13 bankruptcy