If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.
It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.
The BK trustee usually waits until two payments have been missed and then files a Motion To Dismiss. There will be a time specified (usually 30 days) in which missed payments can be made up in FULL. If the amount owed is not presented before the time expires the 13 will be dismissed without further notice. If the filing is less than 60 months the trustee might agree to meet with the party involved to discuss possible modification of the BK plan.
No. Section 523(a)(5) of the Bankruptcy Code prohibits debtors from receiving a discharge of spousal and child support obligations. If yuou are behind on payments, you can spread out the payments over time in a Chapter 13 bankruptcy. No, you cannot even touch child support, afraid you have to pay, pay, pay and pay.
You absolutely can trade in your vehicle even if you are behind on your payments. When you trade a vehicle in the dealership you are purchasing from pays off your previous loan in full, so being behind on your payments will not affect anything other than the total amount due on your car. Of course when the new dealership runs your credit report it will probably reflect that you are currently behind and will also show how many months you are behind.
If the house is headed for foreclosure, anyone on the title and the mortgage is facing foreclosure, not just one of the owners. If the daughter was responsible for the mortgage payments by agreement with her grandmother, and got behind in payments, she may be able to pull the mortgage out of foreclosure by a Chapter 13, if she can afford the plan payments and the current mortgage payments. If the Chapter 13 cannot succeed without financial input from the grandmother, it will be up to her to let it go forward and lose the house. Either way, the fact that the house is in foreclosure will affect her credit score.
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