answersLogoWhite

0


Best Answer

A chapter 13 can be converted to a chapter 7. The house would be included in the 7. Even if the homestead exemption protected it, it is apparent the lender does not want to reaffirm the loan. So trying to file a 13 again would be pointless. Bankruptcy will only protect a house if the payments are kept up as agreed. Lenders will often try to work out a plan for the borrower to catch up on missed payments while keeping scheduled payments current. There is however no law that requires them to so, a house is a secured debt, the lender can foreclose when the contract is defaulted on, if they so choose.

User Avatar

Wiki User

19y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: If your mortgage company is trying to have the automatic stay lifted for non-payment can you dismiss the ch 13 and go into ch 7 but still keep the house by then filing ch 13 again?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Continue Learning about Finance

Can a unsatisfied judgement be taken off of your credit report?

if you file a motion to vacate dismiss the judgment and it is granted, or it has run its course for SOL for reporting


Advantages of labor turnover?

the firms can dismiss the unwanted employees that are not performing well or fit for their job so as to reduce inefficiency. after this labour turnover the company will be able to start again with new enthusiastic workers who will work hard and willing to increase production. also the managenmt will be able to learn from past experiences and can take necessary actions to improve the firm's standards


Will it help your credit if you dismiss your Chapter 13 bankruptcy and start making payments to your creditors?

No, it will probably hurt your credit. The Chapter 13 is on your credit report for 7 years from the date the Order for Relief is entered, which is the day the case is filed. So, even if you dismiss it the credit hit from the 13 has already appeared on your credit (a 75 to 150 point drop). And, if you dismiss it, then all the creditors included in it suddenly come back to life and would start billing you, making your debt to income ratio worse. And, if you fail to pay them, then the late payments would make your credit even lower. Once a 13 is filed, it's best - creditwise - to finish it.


Can a judgment be dismissed if you file for bankruptcy?

To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.


What are the Five reasons for holding a business meeting?

to take a new decision to cure a certain problem to put a new strategy to delay a certain decision to dismiss a certain employee

Related questions

If a payoff on a mortgage is not provided by a lender can the seller's dismiss the mortgage?

If there is a lien on the title to the property, it would have to be satisfied for the seller to give "good and marketable title" to the buyer. I have never heard of a situation where a payoff could not be obtained and anyone was okay with it so I don't think the sellers can "dismiss the mortgage" under an circumstances.


Of the following locations is an acceptable place to dismiss the Color guard at the conclusion of a ceremony?

Color company area


What preposition goes after dismiss?

dismiss


What is the meaning of moved to dismiss?

When you want a court to do something, you make a motion. If you make a motion to dismiss, you move to dismiss. If I moved to dismiss, I'm asking the court to dismiss whatever case is in front of me.


Can you sue a company for causing anxiety?

Yes, you can sue anyone for anything it just depends on whether the judge will choose to dismiss it or not.


Where are the acceptable places dismiss the color guard at the conclusion of the ceremony?

Battalion headquarters Color company area Ceremony site


What is the difference between dispose and dismiss?

"Dispose" means to get rid of or throw away something, while "dismiss" means to officially remove someone from their job or position, or to ignore or reject something or someone.


Elizabethan use of pronoun and verb?

" We dismiss thee." meaning I dismiss you.


What is the noun form of dismiss?

The noun forms for the verb to dismiss are dismissal and the gerund, dismissing.


When was Dismiss the Mystery created?

Dismiss the Mystery was created on 2006-08-29.


When was Lord Dismiss Us created?

Lord Dismiss Us was created in 1967.


Which officerholders can the president cannot dismiss?

The president can not dismiss any elected officials. The only people that he can dismiss are those that he appoints directly, such as his cabinet and ambassadors.