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No, if a lawsuit is brought the party involved would have to file a Chapter 7 in order to try and avoid the litigation. If the time requirement for filing a new BK has not elapsed making a filing impossible there is little the debtor can do except use the allowed state exemptions to protect real and personal property from attachment or seizure by the creditor.

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Q: If we want to surrender our now-uninhabitable home under Ch 13 because of a homeowners ins denial will BK protect us from a lawsuit from ins company if mortgage co requires them to pay to repair home?
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