Mortgage Modifications or Refinancing 

Mortgage modifications or refinances while you are in a bankruptcy require court approval.  They are possible.  Negotiating a modification or refinance of your mortgage is not part of the legal services provided by bankruptcy attorneys.

You are free to investigate the potential for either a modification or refinance while you are in Chapter 13.

However, before you sign or execute the contract to modify or refinance your real estate you must first provide the details of the modification or refinance to your attorney who will submit a “Motion to Incur”.  Preparation, notice, and hearing, if required, can take up to 45 days or more.

Your attorney will require the modification or refinance contract prior to submitting the motion.