If I file Bankruptcy and my case was dismissed, can my wife still file and save our house by herself? 20 Answers as of June 17, 2011

If my bankruptcy was dismissed, can my wife file herself to avoid foreclosure?

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Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
Your wife may have an interest in the home. There is no assurance that her filing will save the house, however
Answer Applies to: Illinois
Replied: 6/17/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
This will depend on your circumstances. If you wife qualifies for Bankruptcy and the circumstances to save your home are there, you may be able to accomplish what you want. You should seek the advice of a Bankruptcy Attorney to determine if this is an option for you.
Answer Applies to: New Hampshire
Replied: 6/16/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
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.
Answer Applies to: California
Replied: 6/14/2011
Jackson White, PC
Jackson White, PC | 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.
Answer Applies to: Arizona
Replied: 6/14/2011
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Possibly. Has she filed previously? Why are you prohibited from re-filing? Is she on the mortgage? You need to speak to a bankruptcy attorney.
Answer Applies to: Missouri
Replied: 6/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, that can be done. You can refile, just make sure the motion to extend the stay beyond 30 days is filed and heard by the court within 30 days of filing your second case.
    Answer Applies to: California
    Replied: 6/13/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Depending on your unique situation, without more information, I would say that is possible.
    Answer Applies to: Indiana
    Replied: 6/13/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    If your wife is on a mortgage that is being foreclosed, the automatic stay would be imposed as soon as she filed, barring the lender from completing the pending foreclosure sale.
    Answer Applies to: Oregon
    Replied: 6/13/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes she can file bankruptcy and if your case was dismissed without prejudice then you can file again, as well.
    Answer Applies to: Florida
    Replied: 6/13/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    If your dismissed petition was not joint, your wife qualifies on her own, and the house debt is also in her name she should be able to file to stop foreclosure. She should consult an attorney in your area prior to doing so as I do not know the reason why your case was dismissed and whether the same reason will disqualify her.
    Answer Applies to: Wisconsin
    Replied: 6/13/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If your wife is on the title to the home or on the mortgage then yes she could file to stop the foreclosure sale.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, assuming she is otherwise eligible to do so, but depending on why your case was dismissed, it may be an easy task for your mortgage creditor to obtain relief from the automatic stay (permission from the bankruptcy court) in her case to proceed with/commence foreclosure if they deem it appropriate.
    Answer Applies to: California
    Replied: 6/13/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes your wife can file with the intention of saving your home if you both show income to pay for it and arrears.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    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.
    Answer Applies to: California
    Replied: 6/13/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Perhaps. But serial filings just to avoid foreclosure may be found to be fraudulent.
    Answer Applies to: California
    Replied: 6/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Possibly. A lawyer would need to look at the details to know.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    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.
    Answer Applies to: Virginia
    Replied: 6/13/2011
    Law Offices of Virginia E. Fortunato
    Law Offices of Virginia E. Fortunato | Virginia E. Fortunato
    The quick answer is yes. I am assuming she has not filed before. If she has filed bankruptcy before she should speak to an attorney regarding whether refiling will have the effect of saving the house.
    Answer Applies to: New Jersey
    Replied: 6/13/2011
    Ellahie & Farooqui LLP
    Ellahie & Farooqui LLP | Javed Ellahie
    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.
    Answer Applies to: California
    Replied: 6/13/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    yes. Your wife can file bankruptcy and at least temporarily stop a foreclosure. Whether or not you can permanently save the home will depend on many factors, including income, value of the home, how much is owed etc. If your case was dismissed without a discharge you may be able to refile under certain circumstances.
    Answer Applies to: California
    Replied: 6/13/2011
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