QUESTION
If I file Bankruptcy and my case was dismissed, can my wife still file and save our house by herself?
Asked on Jun 10th, 2011 on Bankruptcy - California
More details to this question:
If my bankruptcy was dismissed, can my wife file herself to avoid foreclosure?
8 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Either spouse can file their bankruptcy in the event that the other spouse has dismissed their case. To avoid foreclosure a chapter 13 plan can be submitted. A payment plan must provide for all the arrears and the current payments in full.
Answered on Jun 14th, 2011 at 9:28 AM
Spencer Hale
It is possible for your wife to file and at least postpone the foreclosure. My concern is what stopped her from filing with you in the first place and what has changed that now she can file. Also, what happened in your case that got it dismissed, and what changes will be made to avoid the same problem in your wife's case? There are too many unknown variables in this equation. You are better off seeking the counsel of an attorney who can ask the right questions and help you arrive at the right solution.
Answered on Jun 14th, 2011 at 8:52 AM
Depending on your unique situation, without more information, I would say that is possible.
Answered on Jun 13th, 2011 at 12:44 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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If your wife is on the title to the home or on the mortgage then yes she could file to stop the foreclosure sale.
Answered on Jun 13th, 2011 at 11:33 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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This is a big question with insufficient information given. I need to know if your bankruptcy was discharged or dismissed. If dismissed, why? What chapter was it? Does the house have equity? Do you have any joint debts? In at least some states, the trustee can't sell a house owned as tenancy by entireties if there are no other joint debts. If you care to write with more complete information I'll be able to give you a more complete response.
Answered on Jun 13th, 2011 at 11:14 AM
Glen Edward Ashman
Possibly. A lawyer would need to look at the details to know.
Answered on Jun 13th, 2011 at 11:14 AM
Bankruptcy Law Attorney serving Campbell, CA
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Ellahie Law Firm
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Unless there is a bar to subsequent filing, a new bankruptcy can be filed after the first one is dismissed. If you Wife was not a debtor in the first filing then that is just another filing, if she was then you do need to apply to the court for imposition of the stay and to explain to the court why the first one was dismissed.
Answered on Jun 13th, 2011 at 11:13 AM
Yes. If the prior bankruptcy was for you only and not for your wife, your wife can file bankruptcy. Any bankruptcy filing by the owner of real property will temporarily delay foreclosure. Whether or not the property will ultimately be saved depends on many factors, including the Chapter of bankruptcy that you file under (Chapter 13 or Chapter 11 allow you to catch up on back mortgage payments over time), whether or not the lender moves for relief from stay and how the court rules on any relief from stay motion, whether or not you are able to make the plan payments and the post-petition mortgage payments, and other factors. It is best for you to consult with a Certified Specialist in Bankruptcy Law. Call me for a free consultation.
Answered on Jun 13th, 2011 at 11:03 AM