Old 10-19-2009, 01:26 PM   #1 (permalink)
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Bankruptcy and Modification

Has anyone been able to get a modification once a discharge was entered but the bankruptcy case was not "closed"? Wachovia will not process any modification paperwork until my bankruptcy case has been closed even though I have a discharge. I have no idea when my bankruptcy case will be closed. I thought a discharge ended a bankruptcy case.


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Old Yesterday, 05:42 PM   #2 (permalink)
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Re: Bankruptcy and Modification

Good questions, and I am also looking for those answers.
I have applied for a loan mod with WFM since Sept.'09 and still waiting for the process to move forward.
My Ch13 filing will take place sometime in Dec'09.
The WFM rep told me the mod process will come to a halt, when my Ch13 is filed.
He could not offer any details.
My question is after Ch13 filing, will I have to start the process all over again ?
At what point will WFM accept my new application ?
After BK discharge, or after BK is "closed" (whatever that means!) per the previous post.

I will be asking those questions of my attorney next week, and will post what he says.
Just looking for a brief heads-up in the meantime .......
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Old Yesterday, 07:12 PM   #3 (permalink)
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Re: Bankruptcy and Modification

Thanks for your response. I believe that the filing of your Chapter 13 prevents WF from proceeding with your current application due to what is known as the automatic stay. However, with the permission of the bankruptcy court, your application could proceed. I think that it is a fact sensitve process whereby you and your lawyer will work out what is best. For example, if you are in arrears you will be able to make equal monthly installments to catch-up over a 3 to 5 year period pursuant to a plan. Please let me know what happens. Good luck!
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