Re: ch 20? ch 7 & then ch 13 to terri
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Posted by Why Chat (209.240.198.61) on June 20, 2003 at 20:14:57:
In Reply to: Re: ch 20? ch 7 & then ch 13 to terri posted by LadynRed on June 20, 2003 at 14:59:16:
You cannot file a CH 7 AFTER a Ch13 and accomplish anything in saving a foreclosure. You file the CH7 FIRST discharging all your unsecured debt and freezing the forelosure proceedings. As soon as the CH7 is discharged, the foreclosure can be started,THAT is when you file CH 13 workout that brings the mortgage up to date and allows you to keep your home. 6 Years Before Bankruptcy Filed Prior Bankruptcy Prevents Filing of Chapter 7 You are prohibited from receiving a discharge under Chapter 7 if you received a discharge in a bankruptcy which was filed within the last 6 years. * A discharge MAY still be granted if the prior bankruptcy was under Chapter 12 or 13 and paid 100% of allowed unsecured claims, or paid at least 70% allowed unsecured claims and the plan was proposed in good faith and was the your best effort. *This restriction does not apply to the filing of a Chapter 13 after any prior bankruptcy.
11 U.S.C. § 727(a)(8 & 9
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