We filed Ch 13 2 years ago. We have 1 year left and have never missed a montly ch 13 payment or mortage payment. Recently, due to our newborns life threatening illness, we had to cut down our work schedules because day care was not an option with the illness. We fell behind on our mortgage payments (2 months). Our son is now well and we are both working fulltime (3 jobs) between the 2 of us. We worked out a deal with our lender and our BK attorney to make additional payments in order to catch up. We made the first of 5 catch up payments. But, despite all our work it is just too much to try to pay over 1 1/2 mortgage payments a month to catch up. Therefore, we missed a mid-month catch up payment in September and our October mortage. We are just trying to find out what our options are. We can afford our mortgage but not the additional 60% mortage payment a month to catch up. What suggestions do you guys have in regards to this situation - we hate to lose the house! Thanks in advance!
Are there unsecured creditors in your plan? If so, ask if the plan can be modified. Also, inquire about a hardship discharge. The code provides for both. http://assembler.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00001329----000-.html http://assembler.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00001328----000-.html
