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Can chapter 13 be filed after chapter 7 is dismissed to save your home?


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Answered 2005-03-16 15:35:30

Yes. There is no time limit for filing a Chapter 13. Due to changes in bankruptcy statutes, undoubtly more consumer's will have to file a 13.

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Can you save your house from foreclosure?

Yes you can save your home from foreclosure. This is a primary reason people file for a Chapter 13 Bankruptcy, the automatic stay can stop a foreclosure as long as it's filed before the sale takes place.


Which bankruptcy is for a home?

You can file either Chapter 7 or Chapter 13 as a homeowner. If you are trying to save the home from foreclosure, then Chapter 13 would be the proper chapter.


Will filing chapter 7 save a home?

No. You still have to pay the mortgage.


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Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.


Can you get help from the government to save your home?

No one will save your home, except you. The Government least of all is capable of helping you save your home; no matter who is President.


Can you dismiss a current chapter 13 if your wages have been cut?

You can dismiss a chapter 13 at anytime for any reason under the bankruptcy rules. Bear in mind that there may be reasons why you filed the chapter 13 in the first place. For example to save a house that was in foreclosure or because you filed a chaptert 7 previously and were not eligible to file another one. So if you need to stay in the chapter 13 amd your wage situation is just temporary, you might be able to suspend or halt the trustee payments for anywhere from one to four months. Check with your attorney or trustee on how to do this. Additionally, if you are otherwise eligible, you may just want to convert your chapter 13 to a chapter 7 bankruptcy and receive your discharge now. So, depending on your needs and circumstances, you can dismiss your case, suspend the payment or convert it.


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Can chapter 13 bankruptcy still save home if filed after the auction sale?

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How much money can you save in a savings account without it being taking by the courts while in a Chapter 13?

In a chapter 13, a debtor keeps all his or her property. If you can save while you are in a chapter 13, there is nothing in the bankruptcy law that specifically prohibits you from doing so. There is no limit to what you can save. However, a chapter 13 requires that you repay all or a portion of what you owe creditors through a repayment plan that must be approved by the court. So if you have enough income to save a lot of money, you may not be paying enough into your plan to satisfy the court (and the judge will be influenced by the trustee and creditors as well). In addition, the amount of property (including savings accounts) that you own at the time you file chapter 13 bankutpcy will affect what you are required to repay in your repayment plan. Specifically, there is a requirement that your chapter 13 repayment plan pay creditors at least as much as they would receive if you had filed a chapter 7 liquidation instead. For example, if you already have a substantial savings account at the time you file chapter 13 of $50,000, you would have to repay your creditors over $50,000 (minus any exemption) through your repayment plan. The amount of the exemption depends on state law or the federal exemptions for cash if your state has not "opted out."



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