[nurse]

I filed bankruptcy in April of 2005. Our current mortgage company has raised our mortgage at least every six months to the point where we can hardly keep our heads above water. We basically have everyday living expenses (gas, water, electricity, groceries), our court payment and mortgage. We did not file bankruptcy due to excessive charge accounts etc. It was due to time off work due to illness. My mortgage lender keeps me on hold with the "bankruptcy" department for 30 minutes and then when I finally speak to someone, they tell me they can't give me any information. I want to re-finance, but have been told that in order to re-finance, the lender would also have to pay off my bankruptcy. I don't have enough equity to do that. Can any one out there help me? Please...

[pacific nw]

It sounds like you filed a Chapt 13 to repay your debts over 36 months to 60 months. First, you should call your attorney and ask them what your options are.
Second, if you can find a lender that will do a refinance while you are in Chapt 13, you will be lucky. You will most likely have to pay off the Chapt 13 (outstanding debts) unless you can negotiate a smaller payoff with various creditors. They are able to take less if they will put it in writing. You will have to get Court Approval. You can call your Chapt 13 Trustee to see if they would approve of the refinance. Check with your attorney to see if your lender is allowed to adjust your payments while you are in a Chapt 13.

You can dismiss your Chapt 13 and everything goes back to the way it originally was. If a lender will do a refinance if you dismiss your Chapt 13, ask your attorney what the other ramifications are in your case.

It appears that you are paying your mortgage outside of the Chapt 13. If this is so, it is quite unusual unless you were current on your mortgage at the time you filed. If that is the situation, you should discuss converting to a Chapt 7 and getting rid of the outstanding debt and get a fresh start.