What if the debtor fails to maintain current status due to circumstance beyond his control?
Unfortunately, mortgagees (banks) generally do not care much for excuses, no matter how compelling. Banks are concerned with profits for their shareholders. Banks are not charitable organizations and will happily foreclose on any mortgagor who is delinquent, regardless of the reason. When a debtor falls behind in a chapter 7, the debtor may elect to convert the case to a chapter 13. A chapter 13 case has provisions for curing, among other things, a mortgage default over a maximum period of 60 months. Many or even most attorneys may charge additional legal fees for conversion of your bankruptcy case. This is because the converted case is pretty much started from scratch.
