Legal Question in Bankruptcy in Pennsylvania

default bankruptcy- how can I save my home

I am in bankruptcy and I defaulted and now i am several months behind. It started off with a payment that was made but lost. I did not save the money and now i am behind 6500. How can I save my home from foreclosure?

thank you


Asked on 9/03/08, 10:27 am

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: default bankruptcy- how can I save my home

When you fall behind in a Chapter 13, there are 2 ways to resolve it. If the delinquency is with the mortgage company, you can enter into an agreement with them to cure that default. If it is with the trustee, the only viable option is to allow the case to be dismissed and consider refiling.

Any second filing within a year is subject to a motion to extend the stay. But those are usually granted, assuming the second case is likely to succeed. In other words, whatever caused you to fall behind in this case should be corrected for a second case to be successful. Otherwise, the court can question why the second case should be allowed if it is simply going to have the same result.

I trust this answers your question but I am more than happy to discuss this further on a free initial basis and consider a representation.

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Answered on 9/03/08, 10:42 am


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