The Seven year period of bankruptcy...

[LadyInTheRed]

.....we can cite law all day, however to argue and win in court is a different issue for certain.

i have worked for some top atty's that could twist words of the law to suit any situation and make even the judge spin their head...it's an art and a shame all in one brief moment for the poor client.

Yes, but the attorney still needs to have a good enough argument to convince the judge. The judge's head may spin when he first hears the argument, but he an take all the time he wants to pull it a part and make a decision.

(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.

An attorney would be a fool to try to argue that this means an order for relief doesn't occur until discharge. There are plenty of vaguely written laws, the meaning of which could be debated for hours. This is not one of them.

[df04527]

Tobee's marshmallow!!! OMG - that cracks me up.

Tobee - you really should give your attorney a call or email and advise him in a kind, gentle and professional way of course. You may be very suprised that he responds with a thank you so much for the clarification and the research that was put in to it.

Really - the bottom line here is you were advised wrong - that needs to be fixed and now your spewing the same wrong info and stuck on it for the wrong reasons.

I would also suggest to the mods/admins to make this a sticky, if possible, with an appropriate subject line for all newbie's to read and understand when speaking about bankruptcies and credit reporting as I'm sure this has come up at least 100x before now. :|

[SunshineGal]

This is my understanding as well, Sunshine. I love how soon people can buy a house again via FHA!

Before the mortgage meltdown it was a different game. FHA was actually the worst at 3 years from discharge date. Fannie and Freddie required 2 years from the date of *filing*, and a chapter 13 was the same, it just had to be discharged.

On that subject, Freddy just went to 7 years for a prior foreclosure, expect Fannie to follow soon.