Atlanta, Georgia Chapter 13 Motion For Relief

When your mortgage company files a motion for relief in a Chapter 13 case in Georgia, it means that the mortgage company is asking the bankruptcy court to remove the bankruptcy protection on your property so that the mortgage company can proceed with collections or foreclosure. If you chose to keep your home and repay any arrears as part of the Chapter 13 Plan, then you must make all mortgage payments due after the filing date in a timely manner. If the mortgage company filed a motion for relief, that means you fell behind on post-petition mortgage payments. Normally, the mortgage company will agree to enter into a repayment plan with you to catch up on the amount that you are past due. However, if you are unable to continue to make the monthly payment due to a change in circumstances such as a job loss, then you may want to consider allowing the bankruptcy stay to be lifted and surrender the house.


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