Motion For Relief From The Automatic Stay

[MusicCityGirl]

What is the name of your state?

TN

My husband just got a letter saying that our Mortgage Company wants to be relieved from the automatic stay. We were in the rears when he filed bankruptcy. I have been worried about us ever getting caught up because I was afraid this would happen. Well it seems my worst fear has come true. I understand the letter to say that they would start foreclosing on us if they can be granted relief from the Automatic Stay. I am about to panic here. What rights do we have? If any?

[wayne-o]

did you file chapter 13 or chapter 7. If it was a 7 you had better get caught up quick if you want to keep your home.

[MusicCityGirl]

He filed Chapter 13.

[wayne-o]

not sure in ur case, but in mine the arrearages were included in my bk and are being paid through the plan along with my house payment. Did this not happen in yours? It seems odd that if this were happening the mortgage company would file or if the relief would be granted

[Ladynred]

Have your lawyer OBJECT to that motion ! You filed CH 13, that means that you most certainly CAN have the arrearage amount on your mortgage included in your CH 13 plan. Most people who file CH 13 to stop a forclosure do exactly that.

The Ch 13 Trustee for TN is pretty good, I doubt he'd have a problem with adding this to your plan.