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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

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm currently in my second year on a chapter 13 of three years.
I am composing a hardship letter to my mortgage company for
a modification, do I included my details In my letter? My [url=]second mortgage[/url] by the way is included in the chapter 13 which happens to belong to the same mortgage company.

Like | Dislike | Share | Posted: Sun, 04/07/2013 - 23:43 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Alola!

Welcome to the forums!

You should include all the details while applying for a hardship modification of your Chapter 13 payment plan. It will be completely the discretion of the lender whether or not he will consider your request.

Feel free to ask if you've further queries.


Like | Dislike | Share | Posted: Mon, 04/08/2013 - 21:09 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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:

Like | Dislike | Share | Posted: Sat, 04/04/2009 - 22:32 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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. :(

Like | Dislike | Share | Posted: Fri, 07/24/2009 - 08:51 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.


Like | Dislike | Share | Posted: Fri, 07/24/2009 - 22:32 | Post subject:

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