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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a question regarding filing bankruptcy to stop a foreclosure.

Resolved Question:

I have a question regarding filing bankruptcy to stop a foreclosure.

In August 2011 my husband filed for bankruptcy because our home was up for foreclosure. The bankruptcy never got confirmed but he withdrew because our mortgage company had applied for a relief of stay and it was granted due to our money was a day late to pay what they said we never did but actually did pay. (long story) So before the relief was actually granted my husband filed for dismissal and it was granted.

Now, we are up for foreclosure again and down to the wire and we are afraid that the Trustee is not going to stop the sale. We have filed paperwork with her for certain things but she has not yet responded. We had tried to pay back all arrears to the mortgage company only to be string along and then them tell us "no" that won't work.

My question is since it was my husband that filed and not me can I file Ch.13 and will it save my house from the sale?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

WebLaw :

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A husband and wife are not required to file a bankruptcy jointly. One party can file without the other. Therefore you can file a chapter 13 bankruptcy without your spouse in order to invoke the automatic stay of the bankruptcy court and stop the foreclosure

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Customer:

So even if a bankruptcy had been filed to invoke the stay on the house previously the other spouse an file and the stay will work again on the house.

Expert:  Ellen replied 5 years ago.
So even if a bankruptcy had been filed to invoke the stay on the house previously the other spouse an file and the stay will work again on the house.

Yes that is correct.
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