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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33858
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I live in Ct., I filed for bankruptcy reorganization in august

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I live in Ct., I filed for bankruptcy reorganization in august of 2009, it was dismissed in december of 2009, the reason for this action on my part was due to a forcloser on my home from chase, who purchased the loan from Bank of America, and was originated by Washington Mutual.

From February of 2010 to present, Chase and I, Chase the current holder of the debt instrument "mortage", have been working on a modification. I have several questions.

a. If I and Chase agree on a modification when if possible, or how much time must I wait untill I can enter a reorganization to the court as a first time reorganziation, I know you get two, but the objective here is to enter as a fist time file, because of "x" amount of time has elaspe from the first.
b. My mortage has been sold and or transfered at least 3 times, if the lender is suing for lack of payment, is a good defence for me to have the case dismissed on the grounds the lender cannot produce the loan origination and or the oblig
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 4 years ago.

Hi,

 

What bankruptcy Chapter were you dismissed from (7, 11, 12, 13)?

 

What bankruptcy Chapter do you wish to file for a second time?

 

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Edited by socrateaser on 6/4/2010 at 12:10 AM EST
Customer: replied 4 years ago.
Personal reorganization chapter 13, but as a first time filing I am hoping using time to the trustee as the basis. Like filing chapter 7 then after 7 years your eligible for a 7 filing again.
Expert:  socrateaser replied 4 years ago.

I'm sorry, but I cannot connect your response to my two questions. The answer depends on your precise answer to each of the questions, so would you please answer them specifically.

 

Thanks.

Customer: replied 4 years ago.
Sorry dismissed from 13 , wish to file for 13 a second time
Expert:  socrateaser replied 4 years ago.

A debtor can refile a subsequent Chapter 13, unless the prior dismissal was due to the debtor's willful failure to follow court orders, or after a motion to lift stay was filed, in which case the debtor must wait 180 days from the prior dismissal date.

 

Also, the subsequent filing, if made within 12 months of the prior dismissal, will cause the bankruptcy stay to automatically lift as to all creditors after 30 days, unless the debtor shows a substantial excuse as to why the stay should not be lifted. The burden of proof is on the debtor, and it needs to be something considerably more than a "dog ate my homework" excuse. There are a number of court cases on this issue, and it would be beyond the scope of this forum to attempt to analyze your facts with the case law in this area, due to the time required.

 

BotXXXXX XXXXXne, you can refile, subject to the various exceptions above, but your case will be considerably more difficult than it was the first time around, unless you can wait at least one year from the date of the last dismissal.

 

Hope this helps.

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33858
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you

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