Monday, September 17, 2007

Chapter 13 Bankruptcy Questions?

Chapter 13 Bankruptcy Questions?

1 - Can a person file for Chapter 13 bankruptcy after already having had filed for Chapter 7 bankruptcy in the past (it was discharged several years ago)

.2) Can a person buy a house while in a Chapter 13 bankruptcy?

3) Can anyone recommend a bankruptcy attorney in the Cleveland, OH area that will file a case with only a downpayment, rather than the whole filing fee/attorney's costs upfront? Thank you.

The Answer : I have to disagree with the Spiffman's answer.The new bankruptcy law changed the rules for refiling. If you have a chapter 7 an wish to file a new chapter 13 case, you must wait for 4 years from the date of the discharge of your previous BK.In researching this, there was a blurb about a change currently going through congress that would extend this to 8 years. I have not found any evidence to this yet but i'm still looking. As for a mortgage, it is extremely difficult to get a mortgage while you are in your chapter 13 plan. The ideas is that all of your disposable income is supposed to go toward your past debts, so your trustee is going to be upset to learn you have enough to by a brand new house????All of your creditors are going to dispute any such loan. But it does happen...you need to get it approved by the trustee and the court.As for paying...there are a lot of BK attorneys who will charge you a few hundred dollars up front to cover the filing fees. The rest of their fee is rolled into your Chapter 13 plan. At least most of the ones I've talked to do it.

No comments: