Can I file bankruptcy again to stop foreclosure if I already have filed twice and both were dismissed? 10 Answers as of October 27, 2016

I want to stop foreclosure on my home. I have filed twice and they were dismissed.

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Ronald K. Nims LLC | Ronald K. Nims
You need to speak with a bankruptcy lawyer. It appears that you may have abused the bankruptcy process in the past and that makes it unlikely you can stop a foreclosure.
Answer Applies to: Ohio
Replied: 10/27/2016
OlsenDaines | Rex Daines
This is a great question and the answer depends on the timing of the prior cases. If the first case was dismissed over 1 year ago, you will be able to file and stop the foreclosure, but you only have 30 days to get a hearing with the judge and convince the judge that your situation has improved and you will be able to make both the ongoing home payments and the new chapter 13 payments. If both cases were pending in the last year, you can file a new case, but there is no automatic stay and it is unlikely you will get the home lender to agree to a stay or have the judge impose a stay.
Answer Applies to: Oregon
Replied: 10/26/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
There are a number of issues with a third filing. It is possible, but its "uphill". You would be well advised to pay an experienced BK lawyer for one hour of their time.
Answer Applies to: Colorado
Replied: 10/25/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Unless there was an order in the one of the dismissals of your previous cases prohibiting you from filing again, you could file again but it may not do you any good unless you immediately obtain an order to reimpose or extend the stay to protect you from creditor action.
Answer Applies to: Nevada
Replied: 10/25/2016
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
No. you can file but you will not receive protection to stop the sale. Try a short sale.
Answer Applies to: Nevada
Replied: 10/25/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Depends. You need to speak to an experienced attorney.
    Answer Applies to: Florida
    Replied: 10/25/2016
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    It depends on how and why and, more importantly, when your previous cases were dismissed. Importantly, if both of your cases were still pending (that is, not yet closed) within the last 12 months, a third bankruptcy filing will not invoke that automatic stay, which is what stops foreclosures. If only one of the two was still pending in the last 12 months, then your new petition would enjoy the stay for only 30 days and you can get that extended only with a motion heard within those 30 days (which requires filing the motion well in advance). Now, even if this is your third filing in the last 12 month period, if your financial situation is different now and you file the petition sufficiently in advance of the foreclosure sale date, you may be able to file a motion to impose the stay. Ultimately you need to consult experienced bankruptcy counsel to go over all of the foregoing as well as what you can accomplish in your new case. Following through on a 13 or 11 may give you what you need.
    Answer Applies to: California
    Replied: 10/25/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You can file for a third time but you must overcome some obstacles in order to get the benefit of the automatic stay. If you had two cases pending (open) with in the last year, then you are filing the case does not create an automatic stay. Instead, you must file an appropriate motion showing that you are acting in good faith and that circumstances have changed for example that your earnings has increased measurably, or that your expenses have decreased significantly. Retaining an experienced bankruptcy lawyer is almost always a good investment.
    Answer Applies to: Wisconsin
    Replied: 10/25/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Jurisdictions vary on this but some courts believe you do not get an automatic stay when you file the third case within a year of the first one being dismissed. (the language in that statute is a little unclear - some say it applies to the debtor, others say it applies to the estate to protect the trustee). You need to see competent local counsel. On a second case within a year of dismissal, you can file a motion within 30 days AND have it heard in those 30 days to keep the stay.
    Answer Applies to: California
    Replied: 10/25/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    It won't stop the foreclosure unless you immediately ask the bankruptcy court to impose the bankruptcy stay, and they won't do it unless you can overcome the presumption of "bad faith." Essentially, you have to demonstrate why your case will not get dismissed this time, what is different now, and why it is not just an attempt to prevent the creditor from exercising their lawful rights. It helps to have debt other than a mortgage.
    Answer Applies to: Oregon
    Replied: 10/25/2016
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