QUESTION

Does the order apply to my co-debtor if my chapter 13 was dismissed with prejudice due to missed payments?

Asked on Nov 12th, 2014 on Bankruptcy - Michigan
More details to this question:
I cannot file for a time duration. I'm pro se. I filed alone but listed my husband as a co-debtor for our home. Can he file a chapter 13? Thank you.
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8 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Generally, an order filed in a bankruptcy only affects the person who filed the bankruptcy. However, there are exceptions. You need to read the order to determine whether it applies to your husband. If you can't understand the order (they tend to be written in technical legal language), then you need an attorney.
Answered on Nov 13th, 2014 at 12:48 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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As long as a court order does not bar your spouse from filing a Chapter 13 bankruptcy, then he could do so, but I doubt you have learned enough about the practice of law for him to have better results than you did. If something important is at stake her, don't throw away your lifeline trying to learn as you go. There will always be something you didn't anticipate that will bite you.
Answered on Nov 13th, 2014 at 12:47 PM

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Yes. Be sure he does it right. Meet with an experienced BK attorney. I have been doing BK's for over thirty years, and see younger lawyers make mistakes all of the time.
Answered on Nov 13th, 2014 at 12:46 PM

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It is unusual for a case to be dismissed with prejudice. You may be prohibited from filing a new petition, without more information, I can not tell you the timeline. If your spouse should have the right to file a bankruptcy.
Answered on Nov 13th, 2014 at 9:04 AM

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There is no obstacle to his filing a Chapter 13.
Answered on Nov 13th, 2014 at 2:15 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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I can answer that generally yes he can file, pretty much anyone can file, but whether it's a good idea and whether it will accomplish your specific goals will depend on more details. Chapter 13 is too complicated for individuals without practical experience in handling these cases to successfully do it on their own. Please. I strongly urge you. go visit a local competent attorney who has handled several of Chapter 13s, someone who has been around the block with these before, to ensure best results. About 99% of pro se Chapter 13s end up in dismissal. I assume you filed this bankruptcy to protect property or because chapter 7 was not an option or at least not a good option for one of several reasons. With so much at stake paying for proper representation could save not only stress and headaches but money and loss of property.
Answered on Nov 12th, 2014 at 7:29 PM

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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Yes, the 1301 co-debtor stay was not affected by the 2005 changes. There are other issues as well. Have your husband use an attorney. There are too many traps in Chapter 13 and mortgage cases in particular to handle pro se.
Answered on Nov 12th, 2014 at 7:28 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Yes he can, but neither one of you should ever file pro se.
Answered on Nov 12th, 2014 at 7:26 PM

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