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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?
Optional Information: State/Country relating to question: Louisiana
Hi JACustomer,
Another Chapter 7 or Chapter 13 can be filed after 180 days after the prior case was dismissed.
Bankruptcy Stat. 109(g).
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.
I think this is what you wanted to know. If not, please let me know.Thank you.
Experience: Bankruptcy professor.