Need help!!!!

[hotmama]

I filed ch 7 bk to stop a trustee sale. After it got discharged my bank reinstated the sale without negotiating a mod! Can I refile bk again? I need more time to negotiate- it's been only two months since it was discharged.
Can I file an Involuntary this time???

[StartingOver08]

Was your BK a chapter 7 or a chapter 13?

Was your BK discharged or dismissed?

If you were discharged and have not made the payments on your home, then you would not be responsible personally for any deficit that may occur as a result of the sale of the home.

Are you looking to stay in the house? Didn't you address this with your attorney when you filed originally?

Really, there is not enough detail on your situation to answer appropriately. But if you filed a Ch 7 and have been discharged you can not file Ch 7 again for 8 years. You may be able to file a Ch 13 if you are looking to find a way to pay your arreages with your mortgage company, but check with your attorney based on your specific case.

[hotmama]

It was dismissed (chp 7) - I am planning to keep the house.

[hotmama]

and i filed pro per

[StartingOver08]

Why was it dismissed?

[hotmama]

I didn't want to follow through - I only have one credit card and the main purpose of it was to stop the trustee sale. So I just didn't follow it to the end.

[StartingOver08]

Once you were dismissed, you are fair game to the creditors - your mortgage company too. You need to hire a BK attorney for your situation. Interview several - find the right one and see if he or she can't help you out of this mess. Make sure they know you filed already and had the case dismissed.

[hotmama]

Well thanks for nothing!

[StartingOver08]

Well thanks for nothing!

Maybe someone else will see your post and come up with a better answer. Good luck.

[hotmama]

Thanks anyway

[HHM]

All you can do is file chapter 13 at this point.

Face it, if the bank is not willing to negotiate, you're toast. You cannot force a modification.

[jadams]

Initiating a Bankruptcy to save your home, unless your plan is just a CH 13 to spread out missed payments, is problematic.

In many cases lenders have taken the position that they are prohibited from discussing a loan modification during the automatic stay. And some believe that filing for a relief from stay for any reason other than to initiate foreclosure proceedings is not appropriate (i.e. a relief from stay to discuss a mod).

Are you just trying to get caught up, or do you need to have some other type of modification done (i.e. lower interest) to be able to continue to afford the home?

[OhioFiler]

Given the sale is tomorrow I'd not worry about trying to stop the foreclosure sale. Just plan on living in the house a couple more months before you have to leave. It's not a good idea to wait until the last minute to seek help.

[jribe]

Well thanks for nothing!

there is absolutely NO REASON to be rude!

And BTW- We can see all your posts; there is no reason to post five times under different topics. It actually discourages people from replying to you.

And if you're rude to people- you will find no help. Everyone on this forum is nice and helpful - but you need to treat others with respect.