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Old 09-05-2009, 07:38 PM
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Default While in a Ch. 13 bankruptcy, can my mortgage

company still foreclosure? I am only one month behind. I would think that they would have notified myself, attorney or bankruptcy court, however did not. And if they did break bankruptcy laws and cause me unnecessary stress with according to my dr. is bad for my health, could I sue them?
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Old 09-05-2009, 09:14 PM
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your question isn't really clear, have you filed for bankruptcy? If so the general rule is once you file for bankruptcy creditors can no longer try to collect the debt. This is called an automatic stay. If a creditor tries to collect anyway you may have a legal action against them. If you have already been through bankruptcy and are behind on your reorganization plan payments, the creditor might be able to foreclose.You can make the health argument but I wouldn't guarantee any results from it.You should definitely speak to an attorney to find out what your rights are and what creditors can and cannot do.
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Old 09-06-2009, 01:46 AM
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They can if you're not keeping up on the payments. The initial bankruptcy filing puts a stay on foreclosure proceedings. Once the payment plan is worked out, you have to keep up on it or they will take your house.
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