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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26409
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I filed bancrupcy in 2009. I thought my mortage payments were

Customer Question

I filed bancrupcy in 2009. I thought my mortage payments were included. I received paperwork from my attorneytoday saying I had not been m aking paymentand I owe $25000.00 from 2009 to present. Is there anything I can do to savemy home. CanI refile banckrupcyagain on thi smount?
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Roger replied 10 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Did you file chapter 7 or 13?
Customer :

13

Roger : Ok. Are you still making plan payments or have you been dismissed or discharged?
Customer :

My bancruptcy was recently discharged

Roger : Ok. You could likely file another chapter 13 and include the mortgage. You must wait 2 years from the first filing to receive a discharge in a second filing.
Roger : If you can pay the arrearage back under a plan and also continue your payments, this could be done.
Customer :

ok Can yo

Customer :

Ok can you please call meat XXX-XXX-XXXX

Roger : We're not allowed to communicate other than through this site, unfortunately.
Customer :

ok so what you are saying i can refile for that amount of $25000.00 and make my payments?

Roger : Well, you can't. Pick and choose debts.
Roger : You'd have to file a new bankruptcy and include all debts including this mortgage and the arrearage.
Customer :

I guess I'm confused. Well I have to sell my house?

Roger : No, not if you confirm a new plan that calls for paying this debt and continuing with your mortgage payments.
Expert:  Roger replied 10 months ago.
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