When you file chapter 13 you did not include your home in it you made payments on time you never fail a payment but the bank file the relief of stay addusing that your pyments were late is tha legal?

Answer 1

Your house is included in a chapter 13; you had no choice. You can't not include it even if you, for some reason, think you did. If you actually made the payments as you assert, you should go into court on the return date for the motion with the proof of payment. The bank obviously thinks you didn't make the payment and that is why they are bringing the motion. Of course such a motion is legal. Thye judge will then decide who is right. In my experience, banks are typically right when they say they didn't receive payment. I would contact the attorney representing the bank (see the motion papers for phone number) and ask for your payment history and see if that matches what you think you paid. You should also file answering papers to the motion. Go to the court and see if they can help you file a brief response stating that you are opposing the motion due to having made payments. Include your proof of payment as an exhibit. Again, I tend to side with the bank. If they got the payments they would not bring the motion. The bank wants payment. You needed to make payments for every month after you filed bankruptcy. Did you do this? Read the motion and see what payments they assert you missed. Typically, it takes three or more payments being missed (lateness would not really cause a bank to bring a lift stay motion, though late fees are added in to what you owe) for a bank to bring a motion. Call the attorney and ask for proof and show them your proof of payment. The attorney and/or the bank is not trying to steal your property. Make sure that you are in court on the return date to oppose the motion. When the case is called you go before the judge and explain that you made the payments. If you don't show up, the judge will grant the motion and sign a lift stay order and then the bank can proceed with foreclosure even if you are still in bankruptcy. Hope this helped. = ans = The above is an exquisite answer...and to be sure you understand one other point, as you are indignant and questioning the legality of the banks action: If you did omit the house/loan from your filing, even though those forms are very explicit in saying you must provide information on everything (not just things you want)...and you then swear and sign to the court that you did: Not doing so is illegal and considered criminal fraud ON YOUR PART. And courts really don't take well to being lied to and defrauded.