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Behind on Your House Payments?


If you are behind on your house payments, bankruptcy may be an option which will help you to resolve this problem. If you file a Chapter 13 bankruptcy before a foreclosure sale on your home, you may be able to take payments you are behind on at the time you file and make these payments as part of a Chapter 13 plan which is proposed to the Court. You must be able to make your regular mortgage payments which come due each month after your Chapter 13 case is filed along with your Chapter 13 plan payments. In most instances, your Chapter 13 plan payments must include all of the payments to your mortgage company that you missed, and may include part of your attorneys fees and money for other creditors such as your car lender, past due child support or alimony payments, past due taxes and, if required, payments to your unsecured creditors such as credit cards and medical bills for all or a portion of your debt to those creditors.

You should see an attorney as soon as possible if you are behind on your payments to discuss your options. Even though you have until the foreclosure sale to stop the process, the filing takes time and will be easier to accomplish correctly if you allow for sufficient time. Also, additional payments and more attorneys fees, late fees and costs are being added to the balance which must be paid in your Chapter 13 plan the further the foreclosure case progresses. When the state court determines certain issues, such as the amount of attorneys fees the mortgage company can recover, the number of payments you are behind at the time of the judgment or hearing or that certain defenses cannot be asserted in the future, the bankruptcy court will not and cannot make a new determination as to these issues.

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