New Federal Loan Modification Rules To Now Work With Chapter 13 Bankruptcy Laws

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Recently, a bankruptcy judge in the United states bankruptcy court for the Eastern District of North Carolina issued a ruling that makes it more difficult for lenders to modify loans when a former guarantor has been discharged of the same obligation in bankruptcy but agrees, post-discharge, to again guaranty the obligation.

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Between 21 and 50 days after the debtor files the chapter 13 petition, the chapter 13 trustee will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the debtor files.

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Attorney Interview - RESPA & Foreclosure Issues Applying for a Mortgage Modification. You’ll have to present your modification to the bankruptcy judge for approval. Most judges will approve the plan if the new terms are reasonable. Next, you’ll propose a new Chapter 13 payment plan that removes the mortgage arrearages and any other debt included in the new mortgage, like past due property taxes.

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Here are some of the most important changes in the 2005 bankruptcy law. New "Means Test" for Chapter 7 Bankruptcy. Under pre-2005 bankruptcy rules, most filers could choose the type of bankruptcy best for them — and most chose chapter 7 bankruptcy (liquidation) over Chapter 13 bankruptcy (repayment).

Federal law limits Chapter 13 bankruptcy to no more than five years. Depending on the amount of debt you carry and your income, it may not be possible for you to pay off everything you owe in five.

Can You Apply for a Loan Modification After Bankruptcy? While personal bankruptcy is a powerful tool that can relieve tremendous financial pressure, it is not without its drawbacks. Regardless, it is often the best available solution for folks who can’t work their way out of debt by other means.

Chapter 13 bankruptcy can often be paired with your loan modification. After the trial modification terms have been agreed upon, we can help you file. If the loan modification is built into your bankruptcy filing, the lender may be forced to accept the new mortgage payments as part of your three to five year payment plan.