Expert: Mark J. Markus- California Bankruptcy Attorney - 12/19/2006

Question
I do not understand what you mean. Everything was correct..My plan is confirmed and I have been paying my payments to the trustee on time every month. The only thing wrong is this stay issue. I mean I can pay the pmnts but I am wondering if the Judge will except it. Nothing else has gone wrong besides this. Just wondering if you have ever had this issue before?
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The text above is a follow-up to ...

-----Question-----
I have a hearing on Thursday for my automatic stay on my home to be vacated because of unpaid mortgage since July. However I was not sure what to do? See I filed Ch. 13 as Pro Se which I have to say I did a great job. Except, when I looked into my data information on line it looked like the whole mortgage was included in the bankruptcy and not just the past payments. So I called the bankruptcy court and the trustee's office and one of the clerks, not sure which one, said that I could wait until after the confirmation hearing and see the results then. So I have not made payments since July. I now have to go to court on Thursday to face the judge. I do not want the stay to be lifted because I want my home. I am able to make three mortgage payments in January and February to catch it up but I am not sure if that is acceptable..What do I do?  Please, Please help me..
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You need to hire an attorney immediately.  You did not do a great job and you are not getting legal advice from the court or Trustee.  There is nothing more I can do in this forum.

Answer
You stated that (I assume) your Plan reflects a payment of the entire mortgage, and not just the arrearages.  That indicates to me a potentially serious problem in the documents that were filed and, presumably, confirmed by the court.   Aside from that, you have a pending Motion for Relief From Stay to which you must file a written opposition by whatever deadline the local rules require in your jurisdiction.  I do not know where your case was filed, but you need to get an attorney to assist you with this.  Relief from stay can be granted if you fail to make required post petition mortgage payments.  It can also be granted if there is insufficient equity cushion to protect the lienholder's interest.  Explaining the legal theories and defenses is beyond the scope of this forum, which is why you need to consult with an attorney in your area.