Can we still incorporate what we owned to the lender on our bankruptcy? 7 Answers as of December 01, 2016

Back in 2011, we filed and enter in a chapter 13, paying 51% back. My husband had a secure job, after 4 years in, my husband lost his job. We still managed to finish with the bankruptcy but of course by being behind on our first mortgage payments outside of the bankruptcy. Now, we are behind almost $30000 with our lender. We already had a modification so we don't qualify for another one so they sent us a letter that since we were behind on default the foreclosure process has begun. While our trustee is reviewing our case to finalize it in 30 days, we are facing foreclosure. We both have new jobs and don't want to lose our home. We try to qualify to keep our home since we hit this tremendous hardship, but to qualify, we need the bankruptcy dismissed to proceed. We don't know what we can do. We don't want to lose our home!

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Wow. You are in a tough spot. Most likely dismissing the case is the best course of action, filing a new one to pay back mortgage arrears. BUT see local counsel. Some jurisdictions have an issue with a second filing right after a dismissal. (the issue is not huge, an extra motion has to be filed and heard within 30 days to keep the automatic stay). Also check the time line for foreclosure in your jurisdiction, you "might" have the 30 days you need.
Answer Applies to: California
Replied: 12/1/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Unless you have received your discharge, you could dismiss it, but I think that would be foolish. Get your discharge and then you will be able to file another Chapter 13 right away to resolve the problem with your mortgage arrearages. You need to be getting extensive legal advice to make this happen, and quite frankly, you should have been keeping the lines of communication open with your attorney a long time ago. Failing to discuss this with your attorney has cost you plenty.
Answer Applies to: Nevada
Replied: 11/30/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Call your attorney if no attorney call a bankruptcy attorney.
Answer Applies to: Florida
Replied: 11/30/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Pay an experienced BK lawyer for one hour of their time to review your file with you. You have several options.
Answer Applies to: Colorado
Replied: 11/30/2016
OlsenDaines | Rex Daines
Just file a new chapter 13. You can file a new chapter 13 for the sole purpose of making up the newly missed home payments over time.
Answer Applies to: Oregon
Replied: 11/30/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    As you may know, it is very easy to dismiss a Ch. 13 case: all you need is to file a notice with the court. (Whether you can dismiss a BR after yu've made all the payments is not entirely certain-but if it seems like a good idea, you can try.) Do you mean that the BR must be 'dismissed,' or do you mean that you must have received a discharge? If you've made all the payments, the Court should grant you a discharge pretty soon. (I don't see why the trustee-if yu mean the Ch. 13 trustee- must take a month to review the case before he or she can recommend a discharge.) You certainly should discuss this matter with your bankruptcy lawyer. There might be some strategy whereby you can eat your cake and have it too. That's what lawyers are supposed to be good at. One possibility is to contact your lender ASAP and try to negotiate something-such as your paying off the $30,000 over a period of time. Banks generally don't like to give you a long time, but they may be willing to talk, since foreclosures are rather expensive for banks too. You might see if you can borrow a lump sum-presumably $30,000-to get rid of the arrears on your home mortgage. Your credit score probably improved during the course of the Ch. 13. Also, close friends and relatives can sometimes come through-but of course you would have a strong moral duty to be sure you paid them back.
    Answer Applies to: Wisconsin
    Replied: 11/30/2016
    Ronald K. Nims LLC | Ronald K. Nims
    You can file another Chapter 13 to catch up on the mortgage arrearage. You can't get another discharge but if you can pay $500 a month for the arrearage you'll save the house.
    Answer Applies to: Ohio
    Replied: 11/30/2016
Click to View More Answers: