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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I have a question regarding filing for bankruptcy to stop a

Resolved Question:

I have a question regarding filing for bankruptcy to stop a foreclosure.

In August of 2011 my husband filed for Ch.13 bankruptcy to stop a foreclosure we had on our home. We made our payments to the trustee and the mortgage company but our lender says they never received them. Even though we can show where the money was debited for our account each month for them they say they never received the cashiers checks.

So in January of 2012 a relief of stay was filed. We had 7 days to get all payments made. We had to get all of our previous payments made by cashiers checks credited back to our account and one of those 7 days was a federal holiday. So we missed being able to pay all of the payments by 1 day.

We offered our lender to catch up all of our pre-bankruptcy arrears, post bankruptcy payments plus 6 months in advance of payments. They declinded thi offer. My husbands case actually never got confirmed due to his plan have to be ammended and so he filed for dismissal and it was granted.

Our lender filed for foreclosure and my question is can I now file for Ch.13 bankruptcy to stop the foreclosure? I did not file previously with my husband.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.
Hi JACustomer,
Yes - since you did not file a Bankruptcy with your husband, if you file one now, the automatic stay will prevent a foreclosure of your house.

I think this is what you wanted to know. If not, please let me know.
Thank you.
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