How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39182
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I live in Ct., I filed for bankruptcy reorganization in august

This answer was rated:

I live in Ct., I filed for bankruptcy reorganization in august of 2009, it was dismissed in december of 2009, the reason for this action on my part was due to a forcloser on my home from chase, who purchased the loan from Bank of America, and was originated by Washington Mutual.

From February of 2010 to present, Chase and I, Chase the current holder of the debt instrument "mortage", have been working on a modification. I have several questions.

a. If I and Chase agree on a modification when if possible, or how much time must I wait untill I can enter a reorganization to the court as a first time reorganziation, I know you get two, but the objective here is to enter as a fist time file, because of "x" amount of time has elaspe from the first.
b. My mortage has been sold and or transfered at least 3 times, if the lender is suing for lack of payment, is a good defence for me to have the case dismissed on the grounds the lender cannot produce the loan origination and or the oblig



What bankruptcy Chapter were you dismissed from (7, 11, 12, 13)?


What bankruptcy Chapter do you wish to file for a second time?


NOTICE: If you are on a subscription plan, your clicking Accept does not generate any additional charges to your user account. It only indicates your satisfaction with my answer.

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Edited by socrateaser on 6/4/2010 at 12:10 AM EST
Customer: replied 7 years ago.
Personal reorganization chapter 13, but as a first time filing I am hoping using time to the trustee as the basis. Like filing chapter 7 then after 7 years your eligible for a 7 filing again.

I'm sorry, but I cannot connect your response to my two questions. The answer depends on your precise answer to each of the questions, so would you please answer them specifically.



Customer: replied 7 years ago.
Sorry dismissed from 13 , wish to file for 13 a second time

A debtor can refile a subsequent Chapter 13, unless the prior dismissal was due to the debtor's willful failure to follow court orders, or after a motion to lift stay was filed, in which case the debtor must wait 180 days from the prior dismissal date.


Also, the subsequent filing, if made within 12 months of the prior dismissal, will cause the bankruptcy stay to automatically lift as to all creditors after 30 days, unless the debtor shows a substantial excuse as to why the stay should not be lifted. The burden of proof is on the debtor, and it needs to be something considerably more than a "dog ate my homework" excuse. There are a number of court cases on this issue, and it would be beyond the scope of this forum to attempt to analyze your facts with the case law in this area, due to the time required.


BotXXXXX XXXXXne, you can refile, subject to the various exceptions above, but your case will be considerably more difficult than it was the first time around, unless you can wait at least one year from the date of the last dismissal.


Hope this helps.

socrateaser and other Bankruptcy Law Specialists are ready to help you