File CH13 after CH7 discharge in order to stop foreclosure?

[sivuh5]

I file CH7 and was discharged in June 2009. In July 2009 I lost my job, was re-employed Oct 09 - Mar 10, then lost my job again, and became permanently (hopefully!) re-employed in June 2010. During this time I fell behind on my mortgage and have been trying to get a modification with no luck.

The house is now in foreclosure and I'm wondering if it's legal to file a CH13 in order to stop the foreclosure and pay back the arrearage on the mortgage.

I'm getting conflicting information on the 'net and wondered if anyone has real world experience with this.

I'm in CT. Thanks in advance for your help!
Sue

[justbroke]

(Be very careful what you read on the "general" internet sites. LOL!)

First, do not believe anything you read on the net, and second, trust me that this is absolutely allowed!

While it's nick-named a Chapter 20 (Chapter 7 + Chapter 13 = Chapter 20), it perfectly allowed in the code so long as the Chapter 7 has been discharged. (You can't be in an "active" -- pending -- Chapter 7 when you file.) Many people use this to pay back taxes. Few use it to pay arrears on a mortgage, but it is done.

You will be in a 100% payback plan, so it has to not only be feasible, you will likely loose any credit cards (due to fear from the creditors) and will need to pay them back within the plan duration.

The real question you should be asking is... is it worth it to pay the arrears over the 3-5 years, including the ongoing payments? It's a financial question. Know, however, that the debt was already discharged, so you won't be somehow "reaffirming" by doing this. You can walk at any time.

[helpme2010]

I file CH7 and was discharged in June 2009. In July 2009 I lost my job, was re-employed Oct 09 - Mar 10, then lost my job again, and became permanently (hopefully!) re-employed in June 2010. During this time I fell behind on my mortgage and have been trying to get a modification with no luck.

The house is now in foreclosure and I'm wondering if it's legal to file a CH13 in order to stop the foreclosure and pay back the arrearage on the mortgage.

I'm getting conflicting information on the 'net and wondered if anyone has real world experience with this.

I'm in CT. Thanks in advance for your help!
Sue

You can do this. My attorney is setting this up for me to buy me more time and slow down the auctioning off of my house. You may still lose the house, but the 13 will buy you at least 2 or 3 more months.