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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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If a debtor filed a chapter 7 BK in March of 2012 however it

Resolved Question:

If a debtor filed a chapter 7 BK in March of 2012 however it was dismissed as she did not complete her counseling when can she re-file a chapter 7? Same question for chapter 13?

Foreclosure proceedings have begun, would chapter 13 assuming a plan would pay arrears and current payments, stop the procedure and save the home?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Another Chapter 7 or Chapter 13 can be filed after 180 days after the prior case was dismissed.

cfortunato :

Bankruptcy Stat. 109(g).

cfortunato :

Yes - if the debtor files a Chapter 13, the debtor will be able to prevent foreclosure of the house if the debtor is able to pay the regular monthly mortgage payment in addition to a portion of the arrears every month.

cfortunato :

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

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