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I'm 30 days from my foreclose date on my house. I'm in the process of a divorce and my spouse and i have a bankruptcy--ch. 13,

Buford, GA |

the house of had a lift of stay so it was removed, but we are still in bankrupt with other creditors. I want to keep the house and I'm on the mortgage also with my spouse,but my spouse is no longer living inthe house, Is there any help for me to keep the house before foreclosure date? The judge didn't think she had the power to make him sign over the house b/c of bankruptcy even though the house isn't in it. Can I refinance without him and w/o his signature since he want the house to go into foreclosure? Can I get another co-signer or can I file bankrupt again to keep it?

Attorney Answers 4


  1. You asked this identical question the other day, and the answer remains the same. With the stay lifted, a new bankruptcy is not going to save the house. Your lawyer (and I hope you got one since your last post) should be able to explain to the judge that with the stay lifted the court can rule on the home, and that may be your last chance, but you have almost no chance without counsel.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. You have allowed the creditor to get relief from your bankruptcy. There is no guaranteed way to save your house from foreclosure once the Motion For Relief is granted other than paying your mortgage current.

    Your situation is a great example of why debtor's should NEVER file a bankruptcy without an attorney because the little money you think you are saving has cost you a lot more including your ability to live where you want to live.

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  3. If you are trying to do this without a Bankruptcy lawyer and divorce lawyer, you really have little chance at getting what you want. Get your own BR lawyer NOW to see what can be done in your case. No, you can't file a case while you are already in one. You misunderstand lifting the stay and what is or is not "included" in your case. Now that you are a month from foreclosure, yo likely have little chance to do anything other than try to convince the lender to not foreclose. The BR judge is not a divorce court - they are not going to divide your assets for you. You won't be able to refinance without him in a month. Getting a co-signer would be an absolute disaster for the person you ask to co-sign so don't put your friends or family in that position. All of this could have been handled at least weeks ago. Of course, the biggest question is whether you can make the house payments.


  4. The problem with the stay already having been lifted is that we're you to dismiss your case voluntarily to file a new one, you are I eligible for 180 days. There may be a shot to get the trustee to dismiss it because of the divorce( some of them consider a divorce a basis for dismissal). Then you could refile to stop the foreclosure because your dismissal was not voluntary. That may be your best shot, but ther is not much time to get this done.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation