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Can I file bk since my house has been foreclosed on?

Clearwater, FL |

Foreclosure completed. Last bk was about 3 years ago

Attorney Answers 3

Posted

The fact that your house has been foreclosed on does not, by itself, make you qualified to file bankruptcy. If your bankruptcy 3 years ago resulted in a discharge, you will not be able to file bankruptcy to obtain another discharge for awhile, although you could file Chapter 13 to get protection from your creditors. Sounds like your life has gotten complicated. Now might be a good time to meet with a credit counselor or seek attorney advice about how bankruptcy works. Hope this perspective helps!

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Posted

A debtor can file a case anytime, while in foreclosure, pre-foreclosure, post foreclosure. However, whether they will be successful with receiving a discharge will depend on other facts. Here you raise one fact that is of concern by saying that you filed a bankruptcy 3 years ago. Assuming you actually received a bankruptcy discharge 3 years ago you do not qualify for a chapter 7 discharge for another 5 years. You may be able to file a chapter 13 to restructure debts but you cannot obtain another discharge more than one in a period of 8 years. I'm wondering if filing BK is even necessary in your situation, not sure what you wish to accomplish. Please consult a local bankruptcy attorney to discuss your situation and needs. Most BK attorneys offer a free consult.

I am not YOUR lawyer. You should not rely on answers to questions as legal advice. For legal advice you should contact a law firm for a consultation. Tokarska Law Center 185 West F Street #100, San Diego, CA 92101 (619) 285-1992 www.sdbankrupt.com Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code.

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See the blue hyperlink below to an Avvo legal guide.

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