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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17872
Experience:  B.A.; M.B.A.; J.D.
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Filed bacnkruptcy over seven years ago and at the time the

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Filed bacnkruptcy over seven years ago and at the time the law was you could not file again for another 7 sears. law since changed to 10 years. does the new law apply or am i grandfathered in and can apply after the seven years?

own a house with someone who filed a chapter 13 years ago and the house was mentioned but was able to keep. They are not paying the mortgage and therefore hurting my credit. Can I go for bankruptcy and actually claim the house so i can get my credit back on track or is it protected from their chapter 13?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: Filed bacnkruptcy over seven years ago and at the time the law was you could not file again for another 7 sears. law since changed to 10 years. does the new law apply or am i grandfathered in and can apply after the seven years?

Response 1: The new law is eight years not 10 years. No, you cannot be grandfathered. See 11 U.S.C. Sections 109(g); 349(a), and 1328(f).

own a house with someone who filed a chapter 13 years ago and the house was mentioned but was able to keep. They are not paying the mortgage and therefore hurting my credit. Can I go for bankruptcy and actually claim the house so i can get my credit back on track or is it protected from their chapter 13?


Response 2: Yes, you can, but I fail to see how filing for bankruptcy would get your "credit back on track." Bankruptcy stays on your record for 10 years.

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