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Motion for Relief in Chapter 13

I am in a Chapter 13 so how/why would a Motion for Relief be granted?

It depends. First, what is the Motion for Relief on? Is it on a piece of property that you are surrendering? If so, then there is no need for concern. If it is a piece of property that you are keeping then there could be several reasons for a Motion for Relief.

Is the ongoing debt for the piece of property being paid through the plan? If not, the Motion for Relief is likely being filed because you have not kept up on post petition payments on what would likely be your mortgage. The Chapter 13 rolls late payments into the plan that were incurred prior to filing the Chapter 13, however, you must still pay ongoing mortgage payments either directly to the mortgage company or through your Chapter 13 plan.

If you are paying the ongoing debt for the piece of property through the plan then it could be filed because you are behind or were recently behind on Chapter 13 plan payments preventing the Trustee from sending money to your creditors. If you are current on your Chapter 13 plan payments and have been current then it may be that your plan payment is not high enough to pay all of the creditors what they are owed every month.

These can all be complicated issues and should be discussed with your bankruptcy attorney. 


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