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The lender has the right to initiate forclosure proceedings. A chapt. 13 does not restrict the rights of a secured ldender.

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Q: What happens if you fall behind on your morgtage payments after you have filed chapter 13?
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It's the San Jacinto Chapter of the Daughters of the Republic of Texas.


Can your car be repossessed if your chapter 13 was discharged a few months ago and you made car payments after the discharge and one was returned uncashed?

If the Chapter 13 is dismissed and the loan is not current, then yes they can repossess the car. By "current," I mean go back to the day you originally bought the car. If you were supposed to pay $250/mo since then, if $250/mo has not been paid since then, it is behind and they can repossess. In other words, if they did not get a payment for 6 months while you were in the Chapter 13, then that car is 6 months plus late fees behind, all of which must be caught up or they can - and usually will - repossess the car. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks! Only if the creditor got a relief from stay in your chapt.13 bankruptcy.Otherwise, they have to wait until your case is closed by the court, not just dismissed.


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Related questions

What chapter should you file if you are behind on your mortgage?

only in chapter 13, you cannot use chapter 7 to catch up on past payments.


Will I lose my car in Florida filing chapter 7?

As long as you continue to pay your car note, PROBABLY not. Do not, fall behind on your payments though, ot it WILL be re-possessed.


Could you lose your home if you are behind on payments and your car rolls down hill into it?

Of course YOU WILL LOOSE YOUR HOUSE IF YOUR BEHIND ON PAYMENTS.


Can your lienholder hold your repair check from the body shop after the shop has repaired the vehicle and requested the money?

Yes, they can and, yes, it does happen. Primarily, this happens in situations where the person is behind in their payments. The lienholder will apply the check to the back payments.


How many payments do you have to be behind to get your car repoed in GA?

no more than 2 payments


Do you have to be behind on payments to your creditors to file bankruptcy?

No. You can file any time. You actually don't even have to have any debt to file. Anyone can file anytime as long as you meet the minimum reqirements for each chapter.


Can a finance company repossess your car when you lose your job?

Only if you stopped making payments and are behind on your on your payments.


How can you keep from going to jail if you are behind on child support payments?

Catch up on your child support payments.


Why is it important to make payments on time?

If you fall behind on payments you may often receive late charges.


What bankruptcy can you file to keep your home if you are behind in payments?

If you are behind in your payments and you declare bankruptcy usually you can remain in your home and continue payments. However the lender will most likely begin foreclosure since you can't afford it and you are at higher risk.


What if your daughter bought a home with her grandmother as a co-signer she now faces foreclosure should she file chapter 13 bankruptcy how does all this effect her grandmother?

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.


How can I lower my car insurance costs after I fell behind in my payments?

You can start making your payments on time and avoid accidents