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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Over the summer, I was attempting to file chapter 7 with my

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Over the summer, I was attempting to file chapter 7 with my husband. Our house was foreclosed on in September, and we'd agreed to surrender it.

However, about one month before the sheriff's sale went through, the lawyer called and informed me we made too much money for chapter 7. Approximately one week before the sheriff's sale I lost my job.

My lawyer has not called me back. I have called the office, tried emailing him, still no response. I just have a simple question, will we be eligible now for chapter 7 and should we wait until we get some sort of final paperwork from the foreclosure?

Any and all help is welcomed!
Terri Zanow

Welcome to JustAnswer and thank you for the opportunity to provide you with information..

This depends - can you please tell me more about the matter?
  • Was your chapter 7 bankruptcy actually filed in the summer?
  • If so, was it dismissed or converted to a chapter 13?

Customer: replied 5 years ago.
No, it wasn't filed. We had a chapter 13 previously that had been dismissed; we weren't happy with the old lawyer, so we found a new lawyer. He hasn't been responding to us at all, we started all of this back in April.
So sorry to hear of this dilemma.

If my answer is not clear to you or does not completely answer your question, please ask me for clarification by using the reply button.

Since you no longer have the income that prevented you from being eligible for a chapter 7, it appears that you would be eligible to file a chapter 7 bankruptcy now that you are unemployed. Typically it would be best to file the chapter 7 bankruptcy now while you are still unemployed. The deficiency will be discharged regardless of whether you filed now or after the deficiency judgment is entered by the court.

Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.
Ok...thank you. I will get hold of the lawyer on Monday and make sure we get this done before I find another job! Thank you so much for your help.
It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.
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