Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
My new question is if I filed for bankruptcy chapter 13 and my court was dismissed because of my income what are my options for me not to have a foreclosure? The bankrupt tcy attorney said that the mortgage was going to work with me.... But I called the manager relation customer service in charge off this account she tells me to fax documentation that I did and now I receive a letter starting that I needed to pay around $12000 before foreclosure.. Do I need to file for bankruptcy again ? Response: If your lender is not willing to work with you and you have filed for bankruptcy protection and your case was dismissed because of your income, then you may not have any solution to save your home. If you do not pay the amount that is being requested by the lender to avoid foreclosure, your home would be foreclosed, unfortunately. You cannot file for bankruptcy protection again if your case has previously been dismissed UNLESS you are now eligible. If you are now eligible, if your income has changed, then you can file for bankruptcy protection to stop the foreclosure. However, the bankruptcy should not be filed prematurely. It should be filed few days before a scheduled foreclosure sale date to maximize the benefit of the bankruptcy filing. So, if the foreclosure sale date has not been scheduled, you should continue to work with the lender on loan modification or refinancing of the mortgage. Then when a sale date is scheduled, you can get your Attorney to file for bankruptcy two to three days before the sale to stop the foreclosure.
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