You cannot do it in a Chapter 7 for your business. There may be other structures which you can use to do this. For example, a Chapter 11 or combining your business with your individual assets and doing a Chapter 7 or 13 that way. This is a very fact specific issue.
You probably can't keep the house and you should just enjoy the benefits of living rent free for 5 years!! wow.
If you do want to keep the house, consult your bankruptcy attorney to see what the best options are. By now, with all the fees etc, your second is probably unsecured and you can do a 13 to strip it. You probably will then want to see if you can do a loan mod on the first.
What a scam! I'm sorry to hear that someone in our profession acts like this.
While a limited scope of engagement for an attorney is possible in a Chapter 7, that kind of limit is just redicilous and I too would complain both to the state bar and the united states trustee!
It's because of the way the law is worded. The preBAPCPA code does not say "You can file again in 6 years." It says, "If you filed in the last 6 years, you can't get a discharge."
So when you filed, all the law cared about is if you filed in the past, it said nothing about the future.
The new law says if you filed in the last 8 years, you can't file again. You're trying to use the new law, so this clause triggers and you can't file again.
I disagree with everyone who told you to speak to your attorney; if all they mean is ask him what to do. Don't pay the second on a home you want to keep, alone, is going to screw you.
Many attorneys don't know what they are doing. It is up to you to figure this out. I can tell that you already suspect this attorney's competence and that's why you're here asking.
There are two cases here. The first case is that the first on your home exceeds the value of the home. In that case, you should...
Yes, you can file. It really depends on the judge you had for Chapter 7 because only some judges allow chapter 20s (Chapter 7 followed by 13 soon thereafter).
You need an attorney that knows the judges, that can predict which one you will get (this can only be done sometimes), and one that can explain the pros and cons.
Not something you can do on your own.