*949-579-2217* Chapter 13 Bankruptcy in Orange County CA

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[battleformiddle007]

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[ijnaveed]

According to the trustee records they still have not received my payments (they have not been posted to the account yet). My attorney is filing a motion to have the bankruptucy reinstated but she told me that it can take up to twenty one days becasue the trustee can object. My question is does anyone know if the judge will not reinstate the bankruptcy if all payments are made and then while i am wating for my bankruptcy to be reinstated can i file a motion of stay so that my car can not be,

[4224anthony]

a. File a Motion to Reinstate and submit an Order Reinstating to the Trustee for his approval before the Order is submitted to the Court OR

b. File a Stipulated Motion to Reinstate (stipulated between you and the Trustee) and upload an Order approving the Stipulated Motion to Reinstate to be signed by the Judge.

[4224anthony]

This depends upon the status of the Order to Dismiss:

1. If it has not been signed by the Judge your attorney can request that your Trustee withdraw its submission.

2. It if has been signed by the Judge and depending upon procedure in your district, your attorney can either:

[Jayden4224]

We can't read the notice from here. What did it say?

When you spoke with the trustee and confirmed that he had received your payment, what did he say about the status of your case?

[ijnaveed]

MY question is?

I was in a amend payment plan to catch up on my bankrupcty my payment did not reach the trustee in time,and on friday he sent out a dismissal notice on my bankruptcy he has since received all payment and i am current on of my payments all that is due right now is just my feburary payment that will be due on the 15 of feb. What i want to know is can the dismissal be withdrawn since my case is now current or does my attorney have to ask that the dismissal be reverse.

[Jayden4224]

A Chapter 13 allows you to "cure and maintain", cure the arrears (missed payments through the filing date) over the life of the Plan while maintaining post petition mortgage payments. If a MLS was filed you either have not made each and every post petition payment (you filed in 9/10 therefore payments should have resumed in 10/10) or have not put forth a Plan that cures the pre petition arrears (or both).

[ijnaveed]

I am 11 months late on my mortgage and the bank has filed a motion for relief and is no longer accepting my payments. I do not wish to foreclose. I want to keep my home and can afford to pay the monthly payments. I am $30,000 in arrears but my lawyer thinks we can include this in the monthly payments to the trustee. What are the chances my bank won't agree to this and will insist on going ahead with foreclosure?