Assume that a year after the case is filed, the mortgage modification is approved. By then, the lender has been paid $1,000 through payments to the Chapter 13 trustee. The loan modification includes the $4,000 that remains owing on the arrears claim.
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FHA rules allow a lender to consider approving an FHA loan application from a borrower who is still paying on a Chapter 13 Bankruptcy-but only if those payments have been made and verified for a period of at least one year. The borrower isn’t automatically able to apply for a new FHA loan if they meet this requirement–the court trustee’s written approval is a condition of the policy.
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Debtors can arrange to make up delinquent payments over time, but under Chapter 13 rules, all new mortgage payments from the time of filing must be made on time. The debtor also must work with a mediator, or trustee, who distributes payments to the creditors.
In Chapter 13, court approval is required before you can incur any new credit obligation. Other than this requirement, the Chapter 13 bankruptcy is not likely to interfere with a trial modification that was in place before you filed or a modification that was completed prior to filing.
Reaffirming Your Mortgage 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.
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Most people look forward to eliminating debt at the end of their chapter 13 bankruptcy case, not incurring new debts. A Chapter 13 plan lasts a long time, however, and you might need to take out new debt during the plan. The Bankruptcy Code permits you to incur some kinds of new debt, but you will need to get the court’s permission in many cases.
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In most cases, the trial period may be waived by making mortgage payments through a Chapter 13 Trustee. These new rules make Chapter 13 Bankruptcy a much better option to seek mortgage modification and stay other creditors at the same time.