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Can I save my house buy filing a skeleton bancrupcuy at least to save me time ?

Pomona, CA |

My house payment is 6,500 in back payments I am trying well have been trying with a non profit foundation. To help me but I'm running outmoded time. Hy ex husband is supposed to have been paying half the mortgage and he stopped on December. I am on Sadi and didn't have enough to pay my mortgage

Attorney Answers 4

Posted

You can file a "skeleton" BK but unless you complete the deficiencies w/i 14 days, the case will be dismissed. Even if you do a complete filing, you have to have the financial horsepower to present a "feasible" plan, meaning that your income must be sufficient to fund the Plan payment plus pay current mortgage payments as they come due. If your steady income only consists of SSDI, you might come up short. More facts are needed to give you specific useful advice. Consult with a lawyer in your community to see whether or not you have sufficient income to qualify.

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Posted

I agree with attorney Steingraber. Filing an emergency chapter 13 petition will trigger an automatic stay which will prevent any further action against you or your property (assuming you haven't previously filed bankruptcy), but you will need to file the remaining schedules and a plan within 14 days. The plan must be "feasible" meaning you have enough money to cover your monthly living expenses, and payoff those creditors that have to be paid (i.e. mortgage arrears) over 3-5 years.

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Posted

Yes, you can file a skeleton bankruptcy. But, based on your facts, you will only buy yourself another month, maybe two, unless you can file the rest of the required schedules within 14 days. If the Trustee's sale date has not been set, yet ... you should wait until just before the sale to file.

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6 lawyers agree

Posted

Yes, but a skeleton petition will only buy you 2 weeks.

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