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Point of View: Dealing with Post-Petition Delinquency Issues.
Mr. Moss is an attorney with Wilson & Associates, a creditors' rights law firm.
Often debtors who file a Chapter 13 bankruptcy do so mainly to avoid losing their home to foreclosure. In an ideal case, the debtor will file the bankruptcy and propose a plan that cures the arrears that have developed in their mortgage loan. The plan will also require them to maintain the continuing "post-petition" mortgage payments while the mortgage arrears, and their other debts, are dealt with during the term of the plan. Typically the post-petition payments will also be made by the Chapter 13 trustee as part of the plan. Once the plan is confirmed, the debtor must make his ...
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