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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If i have filed more than 2 chapter 13 during the same year,

Customer Question

If i have filed more than 2 chapter 13 during the same year, to save our home from the foreclosure sale, the attorneys from the bank call us serial filers, we currently have a federal lawsuit against them for fraud. The bankruptcy judge though has not classified us a serial filers and has issued no orders that we can not file anymore or that we would have to wait a certain period of time before refiling; my question is, can we now file for bankruptcy protection under chapter 7 and get the automatic stay to cancel the pending sale of our home? We are in FL.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

A person can file Chapter 7 only if it has been 6 years since the filing of a Chapter 13.

Customer: replied 7 years ago.
All the Chapter 13 were dismissed and never was a plan submitted. I am asking: If I applied for chapter 13 protection, even though all 2 where dismissed in the same year, and no plan was ever filed, they were dismissed for failure to submit the required documentation, does that stiull bar is from filing for chapter7, and if we do, will the automatic stay apply?
Expert:  Ellen replied 7 years ago.
Yes it still bars you from filing a chapter 7
Customer: replied 7 years ago.
What if we file another chapter 13, will it allow a automatic stay or do we have to apply for it? I still cannot understand how it will bar us from filing for chapter 7 although the chapter 13's were dismissed within 2 weeks without any action.
Expert:  Ellen replied 7 years ago.
Since this will be the 3rd chapter 13 bankruptcy, you will need to apply for the automatic stay