You must pay your mortgage in Chapter 13 bankruptcy if you want to keep your home; however, there are some exceptions for wholly unsecured junior mortgages. If you want to keep your home during Chapter 13 bankruptcy, you must make your regular mortgage payments as they come due.

Can you keep your tax refund after filing Chapter 13?

When you initially file for Chapter 13, you’ll need to protect your tax refund with an exemption to keep it, or use it for necessary expenses before filing, as discussed above. If you can’t, you’ll pay it to your creditors. If your plan pays less than 100% to creditors, the trustee can keep your tax refund.

How do I notify a mortgage company of Chapter 13?

File the petition for Chapter 13 bankruptcy with the bankruptcy court clerk. When you file the petition, the court clerk automatically sends a proof of claim form and bankruptcy notice to all creditors, including the mortgage company. Legally, you do not have send a separate notice.

How to get a chapter 13 home loan?

Speak with one of our Mortgage Consultants about getting a Chapter 13 mortgage home loan. Fill out our Consultation Request form below or by call us at (843) 606-6058 or toll-free at (855) 406-0197. First, you will speak with one of our Mortgage Consultants about your goals and discuss what you are looking to accomplish.

What happens if you miss a mortgage payment in Chapter 13?

If you caught up missed mortgage payments in chapter 13, the discharge order probably doesn’t apply to your mortgage debt. Read 11 U.S. Code § 1328. If you were current when your chapter 13 was filed, you may bring a motion for contempt against your mortgage company for collecting fees or payments you don’t owe after bankruptcy.

When does a chapter 13 plan become a court order?

The Chapter 13 plan becomes a court order when it’s confirmed by the court. It requires the creditors to wait for their money, sets out the payments to be made, and binds all parties to its terms. In many districts, the trustee pays any arrearages on home mortgages, but the debtor pays the mortgage payments directly that come due during the plan.