You can refile if your bankruptcy case has been discharged by the court. If your chapter 13 bankruptcy was dismissed, then you can file as soon as your bankruptcy is dismissed but can only file chapter 7 every 7 years.
Thanks,
Jerry
Remo Guest
Posted: Wed Dec 10, 2008 8:56 pm Post subject: dismissed bankruptcy in North Carolina
When my chapter 13 is dismissed due to missed payments how long do I have to move out of the house? I don't want to save the house--I just want to walk away from it.
Posted: Thu Dec 11, 2008 3:00 am Post subject: RE: how long to stay at home after Ch 13 dismissal
Hi Remo,
Have you been contacted by your creditors and lenders after the dismissal? Most probably, the lender would like to pursue a foreclosure because your dismissal will make him think that you may not be able to repay your debts. So, chances are that the lender won't allow you to follow an alterrnative repayment plan or a loan modification.
There's no specific time period as to how long you can occupy the property. However, if the lender declared a foreclosure and you don't get a loan workout option, then you can occupy the property for a period of 105-120 days. At the end of this period, the lender would sell off the property at a public auction.
Take care
Nate Guest
Posted: Mon Jan 26, 2009 10:11 am Post subject: Bankruptcy dismissl
Our chapeter , we had it dismiss, because of our ARM adjustment. In feb 2007, we filed a chapter 13 and our payments was $1400.00 a month then in June our payment increase to $1650.00 due to the adjustable mortgae and then we got a letter fron the mortgage, our mortgage will adjust again and it would be $1840.00. so we filled for a dismissal, in October 2007 and was discharge in October 2007. My question is, my wife name was on the mortgage and my name was not. Did I need to file bankruptcy also. I am trying to get a mortgage in my name and having problems with Bankruptcy dismissal. Can you help to find somebody who help me get a mortgage. we tryig to get a loan modification from the mortgage company now.
Thank for your help.
Nate
As your name was not on the mortgage, I don't think you needed to file the bankruptcy. Your wife alone should have filed the bankruptcy if she had difficulty in paying the debts.
As the bankruptcy is still showing in your credit report, it will be difficult for you to get a mortgage. You have mentioned that your bankruptcy was dismissed. In that case, you may speak to the credit bureaus and try to negotiate with them if they could remove the bankruptcy from your credit report.
Thanks. _________________ Good is the Enemy of Great.
Angel Guest
Posted: Mon Feb 02, 2009 7:58 pm Post subject: Chapter 13
My chapter 13 was dismissed however I filed an appeal and the judge vacated the dismissal but the mortgage company says that they sold my home after the appeal. Can they do that?
If the court has passed a judgment to vacate the dismissal, then I don't think the mortgage company can sell off your property. It will be better if you can consult your bankruptcy attorney regarding this. _________________ Procrastination is the enemy of your financial sucess
monica Guest
Posted: Tue Feb 17, 2009 7:32 pm Post subject: chapter dismissal...
can I refile a ch 7 bankruptcy if my case was previously dismissed because I didnt go to hearing?
As far as I know, you will have to wait for 6 months to 1 year in order to refile chapter 7. But I would suggest you to consult your bankruptcy attorney. He is the best person to help you in this regard. _________________ Procrastination is the enemy of your financial sucess
sdiana Guest
Posted: Sun Mar 08, 2009 9:47 pm Post subject: bankruptcy
We are in our second round of bankruptcy due to our first dismissal. We had to pay all fees up front totaling 3274.00 because its our second time. We haven't gone to our meeting of creditors yet and now we are considering backing out of the whole bankruptcy. Can we get back any of the lawyer's fee excluding? thanks
I don't think you will get back the the money if you back out from filing bankruptcy at this stage.
mikey Guest
Posted: Wed Mar 11, 2009 10:35 am Post subject: ch 7
if i get dismissed from a ch 7 how long before i can refile in the state of wisconsin. if i refile will i e assigned a new case number or will it reopen my old case number
thanks
As your bankruptcy was dismissed, you can refile Chapter 7 after 6 months. However, you can file Chapter 13 immediately. As far as I know, you will get a new case number for filing again.
Sussane
vlynn Guest
Posted: Thu Mar 19, 2009 12:40 pm Post subject: chapter 13 dismissal
my chapter 13 has been dismissed for about a 2 years now I think and it is too much for me. Is it possible to do another chapter 13 or would it be best to do a chapter 7 or 11?
In case of dismissal, chapter 13 can be filed after 6 months. As 2 years have passed since your chapter 13 was dismissed, you can definitely file it again. As far as Chapter 7 is concerned, you will have to qualify the Means test first.
jerry
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