QUESTION
If I am temporarily unemployed I receive weekly benefits can I file a ch.13 to save my home?
Asked on Jul 23rd, 2013 on Bankruptcy - Maryland
More details to this question:
Sheriff sale date is July 26. I can't afford an attorney. Can I file a skeleton ch.13 and get free legal help in doing this?
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can file a chapter 13 petition. It will stop the foreclosure sale. You will have to file a chapter 13 plan. If you do not have enough disposable income to fund the plan, the court will dismiss the case. It is up to you to find free legal help.
Answered on Jul 29th, 2013 at 1:08 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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I don't think there is free legal help re: chapter 13. It's assumed that one who can do Chapter 13 makes regular income. The problem with what you're saying is does not make sense. How are you going to keep your home if you can't afford a few hundred a month for an attorney? Now if you want to commit fraud, file a bogus filing, lie about it, etc. to buy you time, that's not something I recommend, it can land you in jail, but if you're going to do criminal activity, you shouldn't post on the internet.
Answered on Jul 24th, 2013 at 12:18 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You need to file a chapter 13 prior to 7/26/2013. The amount of the weekly benefits could be used to support a plan. The question is the amount of the benefits.
Answered on Jul 24th, 2013 at 12:09 AM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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You mentioned that you can't afford an attorney. How short are you for the upfront cost? Or to ask it a different way, what is the difference between.
Answered on Jul 23rd, 2013 at 10:45 PM
You really ought to have a lawyer review your financials because to do this merely for the purpose of delay could be considered as a bad faith filing. Chapter 13 does require you to have a regular income and show you can afford to make your ongoing payments as well as payments to bring your past due mortgage payments current over a 3 - 5 year period of time.
Answered on Jul 23rd, 2013 at 11:22 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Chapter 13s are complex cases and you are likely setting yourself up to fail without an attorney. Sorry to give you that news. Even if you file a skeleton Chapter 13, you will then have to get everything else filed and squared away. If you don't the case will be dismissed and the foreclosure will just be scheduled again. The good thing is that if you can afford a Chapter 13 (the monthly payments) then your attorney can also be paid through your Chapter 13 bankruptcy plan.
Answered on Jul 23rd, 2013 at 10:09 AM
Only a chapter 13 can save your home. You should look into hiring an attorney. You can get the attorney's fees to be part of the chapter 13 repayment plan.
Answered on Jul 23rd, 2013 at 9:51 AM
Criminal Law Attorney serving Farmington Hills, MI
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Stephen Linden, PC
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A Chapter 13 filing requires a source of income sufficient to fund a plan to "catch up" on your obligations while in bankruptcy.
Answered on Jul 23rd, 2013 at 9:51 AM
Real Estate Attorney serving Potomac, MD
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Shulman Rogers, P.A.
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You can and the Bankruptcy Court has a Debtor's Assistance Project, which helps pro se filers. However, a requirement of Chapter 13 is that you have regular income, so I cannot speak to the viability of your case or whether it would be filed in good faith.
Answered on Jul 23rd, 2013 at 9:47 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Check with your local bar association to get help from a volunteer attorney. You can also file a bankruptcy pro se and ask for a waiver of the filing fee.
Answered on Jul 23rd, 2013 at 9:47 AM