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in a chapter 13 already

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elittle

Junior Member
What is the name of your state? CT

I am in a chapter 13 already.

I filed brkcy in 2002. Fail behind on my mortgage due to an income cut in Jan -05. Was put on a stipulation from Jan to May-05. Paid the stipulation (back rearage) but after this during the months of Jun-Aug (05) i was late making a payment. Received the Order Granting Relief from the automatic stay on sept 8th. The following day I was paid the month owed but still have to pay august and sept. I have the money to pay but, My question is, Will they take the home once this Order Granting Relief from the automatic stay is filed? What happens after this is filed?

I'm not usre if it is already granted or if they have just filed a motion order granting a relief. I am suppose to disput it within 5 days. I suppose they will ask me to provide proof that I am upto date. I have bank statements and westren union receipts.

I am paid up but still have to pay august and sept. I haven't received a court date, just a copy of the affidavit of non-compliance with a stip, a copy of the proposed order, and a copy of all the parties they were served to. Do you think I have anything to worry about as if I have the money to am pay up.
 
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Ladynred

Senior Member
If what you got was an Order GRANTING relief, the judge has already lifted the automatic stay and they can proceed with forclosure against you. This won't happen overnight, but you'd still better get paid up ASAP.
 

elittle

Junior Member
Ladynred said:
If what you got was an Order GRANTING relief, the judge has already lifted the automatic stay and they can proceed with forclosure against you. This won't happen overnight, but you'd still better get paid up ASAP.
well my attorney filed a counter affidavit today. But what he didn't know at the time is that I was behind. I tried calling him to tell him that my calulations were wrong but his wife said he wasn't available. I don't want him to think I'm lying to him.
 

elittle

Junior Member
chapter 13

Ladynred said:
If what you got was an Order GRANTING relief, the judge has already lifted the automatic stay and they can proceed with forclosure against you. This won't happen overnight, but you'd still better get paid up ASAP.
well my attorney filed a counter affidavit today. But what he didn't know at the time is that I was behind. I tried calling him to tell him that my calulations were wrong but his wife said he wasn't available. I don't want him to think I'm lying to him.
 

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