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My brother is in the title of the house and he wants to file…

My brother is in...

My brother is in the title of the house and he wants to file bankruptcy chapter 7. The problem is that in February 2017 I file Bankrutcy chapter 13 but my case was dissmised in September 2017 and now my house is in foreclosure, would this affect his Bankruptcy?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

California

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Well we have a sale date for January 5, 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know if he shoud wait after the sale date or do it before?

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Answered in 1 minute by:
12/27/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Could you tell me if the home was included in your ch. 13 bankruptcy plan?

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Customer reply replied 6 months ago
I understand this is not an attorney-client. My brother is in the title of the house and he wants to file bankruptcy chapter 7. The problem is that in February 2017 I file Bankrutcy chapter 13 but my case was dissmised in September 2017 because I missed one payment with the Mortgage and they request a relief of Stay and the court granted, by the time I send it to my attorney the proves 14 days has passed and the attorney never told me that it was only 14 days to proved that all payments where made on time, the trustee payments were always on time because they automatic deducted from my account, now my house is in foreclosure, now I have a Date Of Sale for January 5, 2018. but the reason I'm sending this email is if my brother file for chapter 7 would this affect his Bankruptcy?
Customer reply replied 6 months ago
it was.
Customer reply replied 6 months ago
my brother was not included in my chapter 13

I see what you mean. Ok, so generally, this will probably will not affect his bankruptcy. Chapter 7 bankruptcy is personal bankruptcy, meaning that if his name is ***** ***** mortgage, then if he files for bankruptcy, then he could receive protection just like you did at the time. The trustee will have the final decision, but if he is on the mortgage he'll be fine. IF he is not on the mortgage, then it may affect him only if there is equity in the home (only because they may try to use the equity int he home). Did you have other questions for me regarding this?

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Customer reply replied 6 months ago
my last one. His on the deed but not the mortgage and yes the house has a lot of equity.

I see. It is possible they may use the equity from the home. You may need to wait until the foreclosure goes through so he won't have the house as an asset. IF he gets money from the sale of the house, it is probable that the trustee may ask for some of that money. Regardless, it won't really impact him if the home is foreclosed on and it may actually help. Did you have any other question for me?

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Customer reply replied 6 months ago
No, thank you. Are you in California? would you take his case?

I am in California and I wish I could, but bankruptcy isn't my specialty. Not to worry though, usually you can throw out a wet towel and hit ten bankruptcy lawyers in your area. The usual costs is around $1200-$1500 throughout California all inclusive for a ch. 7 bankruptcy:-). If you don't have any more questions, would you be so kind as to rate me five stars today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
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Customer reply replied 6 months ago
definitely. Thank you very much...

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Customer reply replied 6 months ago
ok. thank you and I'll let my brother know since he will start the process he probably is going to have a lot of questions. Thank you again.

you bet. Come back soon!

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