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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31012
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My home is in foreclosure. Can I file personal bankruptcy to

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My home is in foreclosure. Can I file personal bankruptcy to stop foreclosure with a previous bankruptcy that was discharged jan.2005?

Filing bankruptcy will not stop the foreclosure, but it will delay it by a month or two. If you file bankruptcy, the creditor will have to file a motion to lift the automatic stay, which is put in place when a person files bankruptcy to protect them from creditors.

 

The court will grant the lender's motion and allow the foreclosure to proceed.

 

If you still wanted to file, the following time lines would apply:

 

8 years between 7s. -727(a)(8)

2 years between 13s. -1328(f)(2)

4 years between a 7 and 13 -1328(f)(1)

6 years between a 13 and 7(if under 70% plan). -727(a)(9)

Customer: replied 6 years ago.
My discharge papers state "granted under section 727 of title 11, how many yrs between filing is that?
That's a Chapter 7, so you'd have to wait 8 years before filing another.
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