Can I delay a Chapter 13 bankruptcy discharge to avoid mortgage company from filing foreclosure? Payments are finished.

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I believe my mortgage company has not filed foreclosure because they were waiting until my Chapter 13 is discharged. Although my last payment was in May 2015, I think I still have to complete an online course and file a paper of some sort in order to move it to discharged status. Can I delay discharge, if so, for how long?

Attorney Answers

4
Brian Zinn ·
You cannot delay a chapter 13 proceeding past five years in. If you do not take your second class, they will close the bankruptcy without a discharge.
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Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Brian is right, but you can file another chapter 13 after receipt of a discharge in your current chapter 13. You will have discharge most of your debt in this case. The long term debt (such as your house mortgage) and any new medical debt or other debt incurred during your chapter 13 will be there. You should talk with your attorney about refiling. If you don't feel comfortable with your current attorney, then use the "Find a Lawyer" link at the top of this page to search for an experienced chapter 13 bankruptcy attorney.
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David Raulerson ·
Any arrears in mortgage payments would have been added to the Chapter 13 schedule of payments. However, if the regular payments were not made during the Chapter 13, the lender could have sought Court approval to foreclose at any time. If the lender has not filed yet, you might want to wait to see what if any action they take post bankruptcy or begin a loan modification application process if you want to retain the home.
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Derek Caldwell ·
At some point the court will give you or your attorney a notice that the remaining documents need to be filed by a date certain or your case will be closed and no discharge entered. i am a little surprised the court has not already issued that notice, but you can expect it any time.
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