Anyone Versed In Bankruptcy Law?

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I am trying to get a home in pre-foreclosure with a strange set of circumstances. (go figure). She went into foreclosure over a year ago, declared chapter 13 on the arrears and stopped the foreclosure. 2 months ago she had the BK dismissed and the foreclosure picked up right where it left off. As a last ditch effort before she sells the home she is looking to see if she can declare chapter 13 again. One attorney told her she could and another said she needs 6 months in between BK's. What is the chance of her being able to declare chapter 13 again? Is there any time frame that the 13 will need before it's able to stop foreclosure or will it stop on her first visit to the attorney? Thanks in advance!

Comments(1)

  • Gerry_Finney10th June, 2004

    It's in good ole Nashville, TN. I also found this on a legal site, and I can't exactly translate to simple english.

    "An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court -------->or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. "<-------------

    Can anyone make sense of the second part?

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