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mmdesq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My house up i have filed i was paying trustee i was supposed

Customer Question

My house up for auction i have filed for bankruptcy i was paying trustee i was supposed to pay lender to but was thinking that all was together so i failed to pay lender now house up for auction what can be done to stop the auction
Submitted: 1 year ago.
Category: Bankruptcy Law
Customer: replied 1 year ago.
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Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

For the purpose of our conversation I'm going to assume that you have only filed one bankruptcy within the last year. You are allowed to file multiple bankruptcies as long as you follow the bankruptcy rules and code. Just not at the same time. You are limited as to number of discharges you can receive under Chapter 7 to every eight years and chapter 13 every four years is the basic rule.

If your case was dismissed by the trustee you are permitted to refile a second bankruptcy as soon as the previous case is closed and you will receive the benefit of the automatic stay for 30 days. You should and must file a motion to extend the automatic stay beyond 30 days at the time the second bankruptcy is filed stating the reasons why the first bankruptcy was dismissed and why the second bankruptcy will not suffer the same fate. The second bankruptcy filing and stay will stop the auction.

If your chapter 13 is still active and has not been dismissed, you can file a motion with the court to reinstate the automatic stay explaining the error and showing that you have the funds to bring the post petition arrears to the mortgage creditor current.

There may also be other options depending on if you are married, if the property is in joint names, and if the bankruptcy was filed jointly. The answers and information i am providing are fact specific, and I had to make assumptions in order to provide a response. If any of my assumptions are incorrect please let me know. I am also willing to discuss this matter by phone under the additional services provision if there are more details that need to be taken into consideration.