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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I filed a Chapter 13 bankruptcy in 2008/2009. As a result of

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I filed a Chapter 13 bankruptcy in 2008/2009. As a result of loss of income, the bankruptcy was converted to a Chapter 7, which was discharged in 2011. Unfortunately, I fell behind in my mortgage in March 2012 and have been working with the mortgage company to obtain a repayment plan, which has been denied and I am now facing foreclosure. My income is such that I can pay my monthly expenses, including mortgage, but not the arrears all at once, which is what the mortgage company is requesting in lieu of foreclosure. Can I apply for a Chapter 13 to avoid foreclosure and to repay the arrears over a period of time, 3-5 years? Please advise. Thanks.

cortrightlaw : Yes even with the prior 7 and discharge you can now file a chapter 13 to deal exclusively with the past due mortgage. The past due amount can be spread out over 5 years. The only thing you can. It do is discharge any debt.
Customer: Is this true even though I initially filed a Chapter 13, as a result of loss of income, my husband and I were both furloughed from our jobs, that was converted to a Chapter 7 that was discharged in 2011?
cortrightlaw : Yes you can still file under those circumstances
Customer: Thank you!
Customer: Thank you for your help!
cortrightlaw : Please take the time to rate my response and if you need any help in the future please feel free to request me.
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