I have talked to a lawyer today and he told me that it's better to wait until December to file bankruptcy instead of filing now. My home is scheduled to be foreclosed on January 4th and that's only 2 months away. I guess I don't want to shoot myself in the foot by waiting until the last minute so I wanted to ask here to see if it is better to file now or wait until mid December to file. I have every intention of trying to keep my home and I am planning to file a Chapter 13.
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I would listen to your lawyer. As long as your filing is minutes before the foreclosure you are fine. The automatic stay goes in to effect instantly. There is a reason your attorney wanted you to wait until December (income? expenses? used a credit card lately?) If your attorney wants you to wait and your only concern is the foreclosure date, then wait.Originally posted by Thetruth1983 View PostFiled Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions. -
I think I may wait although I think he wants me to do it so he can make sure he gets his fee. He wants 2000 upfront plus the filing fee and then he says the rest will be put in the plan. There is a new hud program called "ELHP" that I should qualify for if they ever get around to letting people sign up. If I can get in this, I should be able to keep my house and not have to worry about foreclosure.Comment
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It depends on what you are trying to accomplish?
If the goal is to keep the home and you have the resources to make the plan work, then there really is no need to wait. Unless there is some strategic reason to wait (none come to mind), it probably doesn't matter when you file so long as you do so before the actual foreclosure sale date. All things being equal, if you can start now, might as well do so and get out of it that much more quickly.Comment
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