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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 189
Experience:  14 Years Experience in Bankruptcy - Mid-South Super Lawyer
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can I refile chapter 13 if I was just granted chapter 13 in

Customer Question

can I refile chapter 13 if I was just granted chapter 13 in December but fell behind because of a legal battle that cost me over $6000,00 dollars
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Has your Bankruptcy case been dismissed?

cfortunato :

If so, when was your case dismissed?

Customer :

I am still paying the bankrupcy court by payroll deduction but my mortgage company has placed my house under foreclosure.

cfortunato :

You cannot refile while your current Chapter 13 is still in progress.

cfortunato :

The rule is you can refile 180 days after the first Chapter 13 is dismissed.

Customer :

How do I get my house out of foreclosure? Do I stop the process and start over?

Customer :

Where has the money been going for the last 3 months.

cfortunato :

Does your plan payment include your mortgage, or are you supposed to pay your mortgage outside the plan?

cfortunato :

In most cases, a mortgage is supposed to be paid outside the plan.

Customer :

I pay the mortgage outside of the plan.

cfortunato :
cfortunato :

Have you been paying the mortgage?

cfortunato :
Customer :

I pay the portion that was behind through bankruptcy. I fell behind in the payments because of a legal battle.

Expert:  John A. Flynn, Esq. replied 2 years ago.
If your case is still pending then you cannot file a new case. If the mortgage company is trying to foreclose without having obtained relief from stay, they are in violation of the automatic stay and your attorney should take action to stop it. If, however, they obtained relief from stay, then your options are more limited. In most cases, if you request a loan modification, they will be willing to postpone the foreclosure sale date while processing the loan mod. Your bankruptcy attorney should be able to help with this. Good luck.

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John A. Flynn, Esq.
John A. Flynn, Esq.
Attorney/Owner
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14 Years Experience in Bankruptcy - Mid-South Super Lawyer