We filed for Ch. 13 in 2010 - converted the case to Ch. 7 in 2012. The Ch. 7 is discharged and we are still facing foreclosure. Can we file for Ch. 13 again to save our home?
Chapter 7 Bankruptcy Attorney
Based upon what you said, yes. You will probably need to consult with an attorney as there rules in the Bankruptcy Code which restrict a consumer's ability to get a discharge of their debt with repeat filers. On the other hand, if you are filing a Chapter 13 for the sole purpose of curing a default of the mortgage, you may not be concerned about whether or not you will get a discharge. You just want some time to pay the defaulted mortgage payments, which is one of the most popular reasons consumers file for Chapter 13 protection.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
Yes, you can "file" the chapter 13. The questions will be whether the 13 will help, whether the 13 is eligible for discharge, and regardless of the prior, whether you need a discharge.
However, it might be time to take a hard look at your financial situation and have a real discussion about whether it is worth it. Most clients I have encountered who have gone down the road you have (filed 13 to save home, got behind, convert to 7, and are back to square one with foreclosure) really can't afford the home anymore and need to face facts. Just something to think about.
You can always file a Chapter 13, assuming you qualify, as long as you have no other bankruptcy case open. But you will not be eligible to receive a discharge of your debts in your Chapter 13 until 4 years have passed since the case was filed which resulted in your earlier discharge. Hope this perspective helps!
Based solely on the information that you have provided, You should be able to do so, but you are not discharge eligible so you will not be able to eliminate any other debts in the Chapter 13 unless allowance is made for them to be paid in full. As long as you provide for full repayment of the arrears on this mortgage and the applicable attorney and trustee fees, you should be able to proceed.
Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all. This communication does not in any way create an attorney client relationship.