Brad Weil Law > Blog > Blog > I filed for a chapter 7 and the judge granted the relief from stay motion. Will ch 13 help Keep My House?

I filed for a chapter 7 and the judge granted the relief from stay motion. Will ch 13 help Keep My House?

Here is what I recommend. Complete your Chapter 7 case. Make sure you obtain a discharge (NOT a dismissal) Make sure you attend your 341 hearing and cooperate with your trustee and take and file your second credit counseling class so that you obtain a discharge (and your case does not get dismissed). In the mean time while you are waiting for your discharge and case closure file a complaint against your lender with the consumer financial protection. Once you file your complaint then contact your servicer and request a loan modification application. Fill that out and submit it with all supporting documentation ASAP (even if you have been turned down in the past) If you get under review for a loan modification before your bankruptcy case ends the lender cannot foreclosure on you under California state law but you must be under review. If your lender denies you for a loan modification after your Chapter 7 has been discharged then you can file a new Chapter 13 on the eve of the rescheduled foreclosure sale to stop the sale and save the home, however you must be financially prepared to resume your pre-default regular monthly mortgage payments and make a monthly Chapter 13 bankruptcy plan payment to a court appointed trustee. Also hire an attorney to do the Chapter 13 for you. Chapter 7 can be done successfully without an attorney (not recommended but possible) Chapter 13 is almost impossible to successfully complete without an attorney.

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