QUESTION

Can I file bankruptcy again to stop foreclosure if I already have filed twice and both were dismissed?

Asked on Oct 04th, 2016 on Bankruptcy - Colorado
More details to this question:
I want to stop foreclosure on my home. I have filed twice and they were dismissed.
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8 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You need to speak with a bankruptcy lawyer. It appears that you may have abused the bankruptcy process in the past and that makes it unlikely you can stop a foreclosure.
Answered on Oct 27th, 2016 at 7:49 PM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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This is a great question and the answer depends on the timing of the prior cases. If the first case was dismissed over 1 year ago, you will be able to file and stop the foreclosure, but you only have 30 days to get a hearing with the judge and convince the judge that your situation has improved and you will be able to make both the ongoing home payments and the new chapter 13 payments. If both cases were pending in the last year, you can file a new case, but there is no automatic stay and it is unlikely you will get the home lender to agree to a stay or have the judge impose a stay.
Answered on Oct 26th, 2016 at 7:33 PM

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Bankruptcy Attorney serving Las Vegas, NV
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No. you can file but you will not receive protection to stop the sale. Try a short sale.
Answered on Oct 25th, 2016 at 8:04 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Unless there was an order in the one of the dismissals of your previous cases prohibiting you from filing again, you could file again but it may not do you any good unless you immediately obtain an order to reimpose or extend the stay to protect you from creditor action.
Answered on Oct 25th, 2016 at 8:04 AM

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You can file for a third time but you must overcome some obstacles in order to get the benefit of the automatic stay. If you had two cases pending (open) with in the last year, then you are filing the case does not create an automatic stay. Instead, you must file an appropriate motion showing that you are acting in good faith and that circumstances have changed for example that your earnings has increased measurably, or that your expenses have decreased significantly. Retaining an experienced bankruptcy lawyer is almost always a good investment.
Answered on Oct 25th, 2016 at 8:02 AM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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It depends on how and why and, more importantly, when your previous cases were dismissed. Importantly, if both of your cases were still pending (that is, not yet closed) within the last 12 months, a third bankruptcy filing will not invoke that automatic stay, which is what stops foreclosures. If only one of the two was still pending in the last 12 months, then your new petition would enjoy the stay for only 30 days and you can get that extended only with a motion heard within those 30 days (which requires filing the motion well in advance). Now, even if this is your third filing in the last 12 month period, if your financial situation is different now and you file the petition sufficiently in advance of the foreclosure sale date, you may be able to file a motion to impose the stay. Ultimately you need to consult experienced bankruptcy counsel to go over all of the foregoing as well as what you can accomplish in your new case. Following through on a 13 or 11 may give you what you need.
Answered on Oct 25th, 2016 at 8:01 AM

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It won't stop the foreclosure unless you immediately ask the bankruptcy court to impose the bankruptcy stay, and they won't do it unless you can overcome the presumption of "bad faith." Essentially, you have to demonstrate why your case will not get dismissed this time, what is different now, and why it is not just an attempt to prevent the creditor from exercising their lawful rights. It helps to have debt other than a mortgage.
Answered on Oct 25th, 2016 at 8:01 AM

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There are a number of issues with a third filing. It is possible, but its "uphill". You would be well advised to pay an experienced BK lawyer for one hour of their time.
Answered on Oct 25th, 2016 at 8:00 AM

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