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Can I file bankruptcy for a 3rd time if my home is going…

Can I file bankruptcy for...
Can I file bankruptcy for a 3rd time if my home is going into foreclosure
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Answered in 4 hours by:
3/6/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 22,758
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

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Could you explain a little more?

What dates were your previous bankruptcy filed and under what Chapter?

Did you obtain Discharge Orders or were the cases dismissed or you voluntarily dismissed the cases after filing them.

Kindly provide detailed information regarding your previous bankruptcy filings.

Thank you for your cooperation.

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Customer reply replied 5 months ago
ok- on 8-16- until- 12-5-16 my bk was dismissed for non-payment and failure to amend plan-and i did it myself- and i didnt now any better to have it reinstated- i just reopened another case a couple of days later. That is the one i had from 12-21-16 until 1-8-18- i did not get it confirmed because of feasibility and there was my ex husband who was not very cooperative in signing off on loan modfication paperwork-at the time who is the very one who landed me in the bk court in the first place. Now the houses are facing foreclosure- behind this- and the divorce decree states the homes are mine- but i needed to get them refinanced by a certain time- but virtually impossible since my credit was ruined-

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Your Question:

Can I file bankruptcy for a 3rd time if my home is going into foreclosure

Response: Yes, you can. However, the Automatic Stay would only be for 30 days because of the successive filing and not till the duration of your case as it is the case normally unless you file Motion to extend the time: 1) you request by Motion that the Court enter an Order extending the stay; 2) the request is filed with the bankruptcy Court before the expiration of the 30 days, and 3) you persuade the Court that the new case was filed in good faith and the Court grants the Motion and extends the stay within 30 days after the commencement of the case. The Court would likely schedule a hearing on your Motion before making a decision on your Motion.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 5 months ago
Thanks one final question. Which since your a bk attorney I think i know your answer but I will ask it anyway
I have,been approached by foreclosure defense attorneys wanted me to do something similar to bk but pay them first which doesn't include the vehicle which I'm somewhat apprehensive about. I ask if I pay them am I guartaneed success he didn't provide me with a 100%Yes I'n fact he said ignore all calls from mortgage company I mean aren't there federal programs where I can do the same thing for less money, I mean? I mean it sounds to good to be true please advise thank you

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Thanks one final question. Which since your a bk attorney I think i know your answer but I will ask it anyway
I have,been approached by foreclosure defense attorneys wanted me to do something similar to bk but pay them first which doesn't include the vehicle which I'm somewhat apprehensive about.

Response 1: This is a non-starter. You should not be charged before the services are provided. If they are serious about really helping you, which they are not, they would not ask for upfront fees. Also, most states prohibit charging of upfront fees in foreclosure rescue/defense cases. So, you should steer clear of these Attorneys "offering to help you."

I ask if I pay them am I guartaneed success he didn't provide me with a 100%

Response 2: Of course no ethical Attorney can guarantee you success. All the Attorney can assure you is that the Attorney would do the best he or she can for you to try to achieve the desired result. These Attorneys unfortunately would only take your money and not offer any help to save your property, regrettably

Yes I'n fact he said ignore all clls from mortgage company I mean aren't there federal programs where I can do the same thing for less money, I mean? I mean it sounds to good to be true please advise thank you

Response 3: It is too good to be true. DO NOT FALL FOR THE SALE PITCH. That's what all that talk is. In the end you would wind up worse than where you are and also be out of the money you pay for them to "help" you with the no actual help offered.

Yes, there are state and federal programs that try to assist homeowners save their homes. However most of the programs would try to refer you back to your lender to see if the lender can offer loan modification. As you may be aware, the loan modification program has been nothing but broken promises and a lot of heartaches and headaches for homeowners desperately trying to hang on to their homes.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 5 months ago
Thank you for the candid honesty. I concur- it appears the only way for sure way is to 1)bring the rears current 2) chapter 13- just stay current on plan payments-because it would save my vehicle as well.
I have learned much during this ordeal- thank you-
and i do have at least 2 more questions- please forgive-
Customer reply replied 5 months ago
1. my chapter 13 was dismissed due to the ex-
2. what i need to know if this puts a automatic stay - would this stay pertain to the dv court as well- since i am scheduled for a hearing on 4-3-18- in reference to the property?
2. what is the best option to take at this point-in your professional opinion- i am seeking immediate relief- should i seek this is in the federal or state court- since these 2 issues were overlapping(dv 7 bk) -and the direct cause of all of this is the ex-
3)
Customer reply replied 5 months ago
please disregard the 2nd number 2- i didnt delete it

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Your Question:

1. my chapter 13 was dismissed due to the ex-
2. what i need to know if this puts a automatic stay - would this stay pertain to the dv court as well- since i am scheduled for a hearing on 4-3-18- in reference to the property?

Response 2: The Automatic Stay would apply to divorce Court as it pertains to division of property because the property is considered the property of the bankruptcy estate. So, in order for the hearing to proceed, your ex must file Motion with the bankruptcy Court to obtain relief from the Automatic Stay in order to continue with the hearing. You have to of course file Notice of Bankruptcy Case Filing with the divorce Court so that the Court would know to suspend the proceedings pending the outcome of your bankruptcy case or request for relief from the Automatic Stay.

At this time, I request for a 5-star positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 5 months ago
Thank you. What if there was no stay motion done? I mean what can happen?

At this time, I request for a 5-star positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 22,758
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 5 months ago
Ok will do sorry

You would need to tell the divorce Court to suspend further hearing on the property issue until the bankruptcy case is concluded. Again, you would need to give a Notice to Divorce Court of your bankruptcy case filing immediately after the bankruptcy case is filed so that the Clerk's office would know to take the case off the calendar until the conclusion of your bankruptcy case.

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