Can we file bankruptcy to stop foreclosure proceedings if we have tried to stop the foreclosure before? 11 Answers as of February 16, 2011

I filed for personal bankruptcy to stop foreclosure on my home. The case was dismissed because I didn't qualify under the money limit for chapter 13. I am a cosigner on over $650,000 in business loans. My wife didn't seek protection at that time. She is also on the mortgage loan, can she file to stop the foreclosure proceedings or that will be double jeopardy and will not proceed?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You NEED to see a lawyer. First, business debt doesn't court towards consumer debt, so that should not have kicked you out of Chapter 13. If there was no bar to refiling at the time of dismissal you can file again - but beware - the automatic stay will only be in effect for 30 days unless you file a motion to extend it (and have it heard) within 30 days of filing the case. Your wife can file and she would get the full automatic stay. Contact NACBA.ORG to find a lawyer near you. Do not hire one unless they are experienced in Chapter 13s. A second dismissal migh get you a bar to refiling.
Answer Applies to: California
Replied: 2/16/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
It all depends on the facts. You should talk to local bank. lawyer who gives free consultations.
Answer Applies to: Alabama
Replied: 2/14/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Hire a lawyer, she can file.
Answer Applies to: Tennessee
Replied: 2/14/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
What district did you file in? Generally, if your wife files for bankruptcy the stay from her case should stop the foreclosure. Chapter 7 may be an option for you.
Answer Applies to: California
Replied: 2/14/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Yes, she can file, but she is subject to the same debt limits as you are. You can probably file another case as well unless the court issued an order preventing you from re-filing for 180 days. Either way, it sounds like you or she would probably need to file a Chapter 11 case. to catch up on arrearages on your properties.
Answer Applies to: California
Replied: 2/14/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Normally yes based on the facts given. Double jeopardy has to do with not being prosecuted twice for the same crime and not related to bankruptcy. The fact that your wife may be able to file and stop the sale does not mean that her case will not also be dismissed. You need to get a lawyer since Chapter 13 in particular requires an experienced bankruptcy lawyer.
    Answer Applies to: California
    Replied: 2/14/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, your wife can file bankruptcy.
    Answer Applies to: Florida
    Replied: 2/14/2011
    Sussman & Associates
    Sussman & Associates | Mitchell Sussman
    Depends on what type of dismissal the court entered. More likely than not, yes she can file.
    Answer Applies to: California
    Replied: 2/14/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You need to consult an attorney to make a final determination based on all the specific facts surrounding your case. However, on the surface it appears that you should be able to stop the foreclosure, but we need to determine under what chapter.
    Answer Applies to: California
    Replied: 2/14/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Yes, this would be a valid reason to file bankruptcy. Contact an attorney to discuss your options.
    Answer Applies to: California
    Replied: 2/14/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The general answer is yes unless there was a relief of stay that applies to all persons on the loan.
    Answer Applies to: California
    Replied: 2/14/2011
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