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Hello,

My chapter 13 was dismissed on 8/5/09 due to non payment eventhough we kept sending payments. I sent the evidence of payment to my attorney but apparently he did not make a motion. The motion to dismiss was filed on 5/5/09 but we sent 4 payments after that and they were cashed. Can we refile or appeal? Our home is what is covered under the protection and we don't want to lose it. Can our case be reinstated if we pay in full the payments owed? My case is in Puerto Rico. What are my options?

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

I cant pay my chapter 13 lost job can you refile to lower payment been in 2 years don't won't to lose everything whatsy options

Like | Dislike | Share | Posted: Wed, 05/02/2012 - 16:10 | Post subject:

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

I cant pay my chapter 13 lost job can you refile to lower payment been in 2 years don't won't to lose everything whatsy options

Like | Dislike | Share | Posted: Wed, 05/02/2012 - 16:15 | Post subject:

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

Can you lower bk payments

Like | Dislike | Share | Posted: Wed, 05/02/2012 - 16:21 | Post subject:

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

Hi wndsely!

Welcome to forums!

If you're facing problems in making your payments as per your bankruptcy payment schedule, then you can contact your bankruptcy attorney and check if he will consider your situation and help you get an affordable and lower payment plan.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 05/02/2012 - 23:28 | Post subject:

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

Hi sahywrisp,

Your lawyer needs to inform the court that you want to reinstate the mortgage. As far as I know, he will have to file a motion for the same.

Thanks

Like | Dislike | Share | Posted: Mon, 08/10/2009 - 23:08 | Post subject:

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

Hi sahywrisp,

You can definitely reinstate your [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]Chapter 13 bankruptcy[/url]. As far as I know, if you elect to reinstate your bankruptcy after dismissal then its a primary requirement that your bankruptcy plan payments must be current by hearing date. So, if you pay off the dues according to the payment plan, you would be able to reinstate the bankruptcy.

Thanks

Like | Dislike | Share | Posted: Mon, 08/10/2009 - 20:35 | Post subject:

sahywrisp's picture
sahywrisp | Joined: August 10, 2009 01:55 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for replying. Do you know if my lawyer needs to make a motion or appeal?

Like | Dislike | Share | Posted: Mon, 08/10/2009 - 21:07 | Post subject:

sahywrisp's picture
sahywrisp | Joined: August 10, 2009 01:55 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Reinstate the mortgage or the bankruptcy plan? We want to keep the bankruptcy protection.

Like | Dislike | Share | Posted: Tue, 08/11/2009 - 02:56 | Post subject:

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

Hi sahywrisp!

Welcome back to forums!

You'll have to reinstate your bankruptcy in order to keep the bankruptcy protection. Contact your attorney and he would help you in reinstating your bankruptcy filing.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Tue, 08/11/2009 - 22:08 | Post subject:

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