Hudson, CO Bankruptcy Law Firms & Lawyers

The contract you had before you filed bankruptcy is still the same contract you have now with your lender. You're not required to reaffirm a mortgage in a bankruptcy. But, if your contract says your payment is due on the first of the month and it's due on the first of the month. If your contract then says you have until the 16th of the month before a late charge is imposed then you have until the 16th of the month until a late charge is imposed. But, paying after the first is paying late. It just doesn't impose a late charge. You should try very hard, now that you filed bankruptcy, to make your mortgage payment on time so as to not have any complications with your mortgage company.

The circumstances of the prior dismissal can be critical in answering this question. If the dismissal was within the past 180 days and for any of the reasons set forth in Code section 109(g), you would not be eligible for Chapter 13 relief until the 180 day period has passed. If section 109(g) does not apply to you, you should be able to file Chapter 13 again.However, if the prior case was dismissed within the last 12 months you must bring on a motion, immediately after filing, seeking to extend the automatic stay beyond the authorized 30 day period. In such a motion you must establish that the current case was filed in "good faith", which is best illustrated by showing a change in your circumstances from the prior filing demonstrating that the new case has a reasonable chance to succeed. If the automatic stay is not extended beyond the 30 day period after filing, the new Chapter 13 case will probably not accomplish your goals.