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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26113
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I found myself forced to file an emergency bankruptcy in order

Customer Question

I found myself forced to file an emergency bankruptcy in order to save my home from foreclosure on 9-3-10. My mortgage company had not worked very well with me on my request for a loan modification. I could not find an attorney that was willing to file my case at the last minute, because I was tryng to hear back from my mortgage company
at the time. I did not really know how to go about filing myself, so I asked my Accountant to please assist me in this emerency situation. She responded and did helped me with the filing to the best of her ability. I recently received notices from the Trustee's office stating that my case was dismissed, because I fail to file Schedules on time. We did not realize that the time period for filing the schedules was so short. I need to know if I still have the option to appeal, and if I can still be helped to maintain the bankruptcy protection, so that I DO NOT LOSE MY HOME TO FORECLOSURE. Will an attorney help me at this point to save my bankruptcy cas and my home. My mortgage and HOA fees are my only secured debts.

Thank you,
Linda F. Joseph, Homeowner
J. R. Johnson-Moore, Authorized Non-Attorney Preparer
Ph: XXX-XXX-XXXX
E-mail:XXX@XXXXXX.XXX
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.

Yes, you can re-file bankruptcy because it was dismissed without you being discharged of your debts. However, you should consult a local bankruptcy attorney about doing this.

 

I would also like to tell you that filing bankruptcy WILL NOT stop the lender from foreclosing on your house, although it will delay the process by 3-5 months. If you are in default of your mortgage, the lender can file a motion to lift the automatic stay (which protects debtors from creditors during bankruptcy) and proceed to retake and sell its collateral through foreclosure.

 

Any time a lender has collateral, it can ask the bankruptcy court for permission to proceed with foreclosure/repossession proceedings in order to protect its interest = and the court virtually always allows it. I've never seen a judge deny a motion to lift stay in a Chapter 7 case.

Customer: replied 3 years ago.

Does it make any difference that I filed Chapter 13? What do you recommend to be my very next step, as of right now? Should I be filing an appeal, or is it to late to file an appeal? Do you thiink that most any Bankruptcy Attorney would be willing to take this case and fight vigoriously on my behalf? If so. can you recommend an attorney in the Houston, TX area?

 

Expert:  Roger replied 3 years ago.

A Chapter 13 allows you repay your debts over time. However, if your mortgage is delinquent, the lender still has the right to ask for the stay to be lifted because the loan is in default. If you can prove that you can pay the loan in a monthly plan, the judge is likely to allow you to keep the house so long as you make payments as agreed.

 

There's no need to appeal.

 

I think you need to speak to a bankruptcy attorney immediately. We cannot make direct referrals, but I can suggest that you visit www.martindale.com and search for a bankruptcy attorney in your area.

Expert:  Roger replied 3 years ago.

Here is an excerpt from the US Bankruptcy Court's website:

 

Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

 

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter13.aspx

 

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