filing before sheriff's sale

[worried]

Hello everyone...my house is scheduled to go to sheriff's sale on April 30. I'm thinking of filing chap 13 before that. I have an attorney but he hasn't contacted me for 2 weeks. I filed a previous chap 13 back in april 2003 and was discharged in Oct 2007. Now I've been reading that the new law is unclear as to the timeline of filing another chap 13. I'm thinking of getting the same attorney I had with the previous 13 but still owe him some money. If I can file the second chap 13 can I have the cost put into the plan and also what I still owe him? I have been trying to sell my house for over a year now and not selling so I am going to have to keep it. The rent is just as much as my mortgage payment. I can't find what I want to rent anyways. Another question. If my attorney decides not to represent me in this chap 13 and I find another do I have to include the money that I owe him or can I pay him outside the plan. Thanks so much.

[rrockinggramma]

I don't think you can get a discharge with this chapter 13. You can file but it will not be discharged.

[lrprn]

I filed a previous chap 13 back in april 2003 and was discharged in Oct 2007. Now I've been reading that the new law is unclear as to the timeline of filing another chap 13.

According to US Barnkruptcy Court in the State of Oregon at http://www.orb.uscourts.gov/orb/Docu...4?OpenDocument In a chapter 13 case filed prior to 10/17/05 , there is no statutory prohibition to receiving a discharge based upon prior bankruptcy filings."

According to this, since your first Ch 13 was filed before Oct 2005, you can receive a discharge if you file one again.

I'm thinking of getting the same attorney I had with the previous 13 but still owe him some money. If I can file the second chap 13 can I have the cost put into the plan and also what I still owe him?

Depends on what the attorney is willing to do and what the customs are in your bankruptcy court regarding Ch 13.

If my attorney decides not to represent me in this chap 13 and I find another do I have to include the money that I owe him or can I pay him outside the plan.

Since the money you still owe your first Ch 13 attorney is a debt, you must include him as a creditor if you file again. If you use a different attorney to file the second Ch 13, since attorney payments are priority debts, I don't know how the courts will handle a left-over debt from a prior Ch 13 attorney.

I'm concerned that you just completed a four-year Ch 13 plan and in six months need to file another one. Do you mind sharing some details about your situation so we can help you sort things out better?

[worried]

I had problems paying before but things are different now and would like to keep the house. The sheriff's sale is in a week and a half. But if I decide to rent which I would like to only if I can get this one duplex closer to work. Because gas is so high and I pay about 400 a month to drive to work. This rent would be 945 a month and my mortgage is 830 a month but chapter 13 would probably add on another 400 for arrears on the house at 100%. This is the only debt I have is the mortgage arrears. I just hate the thought of giving up my house and then down the road I can't qualify for another one since the banks are so strict now. I just hate the thought of not owning. I'm also worried that a landlord will not rent to me with a bankruptcy and a foreclosure on my record. Which brings me to the next question what is worse the bankruptcies or a foreclosure on my record. My realtor says a foreclosure is the worst thing you can have on your record. Please someone chime in as I need to make a decision soon. Also are chapter 13 fees included in the plan. Thanks much.

[worried]

oops...I forgot to ask how long can you stay in your house after the sheriff's sale because if I rent this duplex it's not available until July 1st.

[worried]

Hello again...this is what I found on wisconsin foreclosure law. Does this mean I have a year from the date judgement was entered which would mean 6 more months to live here after sheriff's sale.


Unless the foreclosure sale has been confirmed by court order, the borrower has one year (12 months) to redeem the property by paying the amount of the highest bid at the foreclosure sale, plus interest.

[CindyLou]

honestly, sounds like you need to drop the house and move on!

House
830 mortgage
400 arrears
400 gas
---------
1630 total

Duplex
945 Rent
300 Gas (just making an assumption being it is closer)
--------
1245 total

so 1630 Vs. 1245 just given the information you provided, that's a big difference....

[worried]

Actually I would like to know how long I have to live in the house after sheriff's sale if I let it go to that. On the other hand I would also like to know if I can put the chap 13 fees inside the plan. Hoping someone can chime in soon. Thanks

[worried]

I also live in Wisconsin

[rrockinggramma]

If wisconsin law has a redemption clause then you can stay in the house for that many months rent free after the foreclosure. In Michigan the redemption law is 6 months. My sale was a January sale and I stayed until June, rent free.

[worried]

I am filing a chapter 13 next Tuesday but my lawyer says I won't get a discharge for 8 years. I filed back in 2003 and got a discharge in 2007. Now I have to file again to keep my house because it did not sell and rent is so much higher so I decided to keep the house for now. Does this mean I can't refinance and buyout of the chapter 13 plan for 8 years. I am paying 100% back. I really need to know. I thought the new laws were unclear as far as a 2nd chapter 13 discharge. Thanks much

[lrprn]

I am filing a chapter 13 next Tuesday but my lawyer says I won't get a discharge for 8 years. I filed back in 2003 and got a discharge in 2007.

Straight from the US Courts' bankruptcy discharge webpage at http://www.uscourts.gov/bankruptcyco...discharge.html -
"A debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7, 11, or 12 case filed four years before the current case or in a chapter 13 case filed two years before the current case." You are ok on this since you filed back in 2003.

Does this mean I can't refinance and buyout of the chapter 13 plan for 8 years. I am paying 100% back. I really need to know.

I don't understand where your lawyer's statement you will pay for eight years came from - can you please explain that in a little more detail?

You haven't shared anything about your personal situation, so it's hard to know if what I am going to say is correct in your situation or not. If I'm off base here, I apologize in advance.

However, since you are barely out of your first Ch 13 and are already falling into arrears on your home mortgage payments to the point you have to file again to save the house, it appears that this house is costing you more than you can handle financially. Have you considered that you may be only delaying the inevitable?

It is very, very difficult to think about, but perhaps the best thing you can do right now would be to walk away from the home rather than get tied up in another multi-year Ch 13. A house is only a thing and things can eventually be replaced. Your peace of mind and quality of life (and if you have a family, theirs as well) are far more important than a house.

[worried]

I think my lawyer is thinking I'm doing a chapter 7 because in a chapter 7 you can't get a discharge for 8 years. I don't have many options to rent because I would have to rent a house and houses around here are going for 1300 - 1600 a month which is far more than my house payment of 830.00. It may be just as hard for me to come up with the rent money also. My family wants to keep the house because it's something we own and if we rent a house they could sell it on us and make us move. My situation is better I'll have help paying the bills for now. We are also worried we may not ever get another house again if we walk from this one. By the way is a bankruptcy worse than a foreclosure. Thanks much.