foreclosure - convert ch 13 to ch 7

[julysummer]

hello,

want to know if converting a chapter 13 case to chapter 7 delays the
foreclosure action scheduled for next week.

please note that - have had 3 chapter 13 cases dismissed in the past 1 year.

does automatic stay timeline apply each time when one files a chapter 13
or chapter 7 or just per person and not the type of filing i.e. 13 or 7

[justbroke]

This is called serial filing. Congress specifically created the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) to stop this exact abuse of the automatic stay. When you convert from a Chapter 13, your case is actually still in progress. You would not get a "new" automatic stay (11 USC 362). Furthermore, since the creditor already obtained relief from the automatic stay (RFS), they do not need to ask again; this is because the converted Chapter 7 is the "same" case with the same case number as the Chapter 13.

Furthermore, should you voluntarily dismiss your Chapter 13, it is likely the Judge will hold the case open until the creditor forecloses upon the property or the Judge could dismiss your case with Prejudice; that would bar you from filing a new case for at least 6 months.

What you're trying to do is specifically prohibited by the code. You will not be able to stop the foreclosure without a TRO (temporary restraining order), and since this creditor already has relief from the federal bankruptcy court... your only option is in state (non-bankruptcy) court. Since you are already at the foreclosure sale, I'm guessing that you already have a judgment of foreclosure or this is a non-judicial foreclosure (power of sale). I think that you've run out of time and runway.

[frogger]

please note that - have had 3 chapter 13 cases dismissed in the past 1 year.

I don't mean to be ugly here or judgmental, but it appears that you are one of those that use a bk filing as an emergency financial planning tool.

3 filings in 1 year? Now you're wanting to convert or dismiss?

The trustee is probably going to do exactly what justbroke stated.

You'll get dismissed with prejudice, your home will be foreclosed on, and when you file again, you can bet that your paperwork will be looked at very carefully.

Stop the games, do what you've got to do, and deal with the results.

Good luck.