What happens if you fall behind on your post-petition mortgage payments in a Chapter 13?

You have to remain current on your post petition mortgage payments in a Chapter 13 bankruptcy. If you fall bend on your payments, your mortgage lender will most likely file a Motion for Relief of the Automatic Stay. In most instances, your attorney will be able to object to this motion and work out a settlement that is feasible for you. However, most settlements will most likely have a clause requiring you to make all future mortgage payments within 15-25 days of the due date. Failure to do this would allow your mortgage lender the immediate ability to start state court actions to include foreclosure.

- Stone Law Firm