Legal Question in Bankruptcy in California

Foreclosure and Bankruptcy, need fresh start

House is listed to be forclosed, have not payed any creditors, behind about 7500 dollars. Want to keep home and get a fresh start


Asked on 4/10/02, 1:39 am

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Foreclosure and Bankruptcy, need fresh start

I'm not sure what your question is, but you may want to try a Ch. 13.

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Answered on 4/10/02, 1:46 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Foreclosure and Bankruptcy, need fresh start

Thanks for your email. What most people refer to as a "fresh start" is a Chapter 7, which dismisses certain debts entirely. However, Chapter 7 is normally not the best choice for people in foreclosure, as it only delays the foreclosure process for 30 to 120 days or so.

Although you did not give many facts, it sounds as though a Chapter 13 bankruptcy might be more appropriate for you. This type of bankruptcy is really a "repayment plan" on all of your debts, and might allow you to catch up on what you are behind over the course of three years or longer.

If you have other questions or desire more information, PLEASE feel free to email, and best of luck to you.

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Answered on 4/10/02, 1:48 pm
Charles Shamash Caceres & Shamash, LLP

Re: Foreclosure and Bankruptcy, need fresh start

Need to evaluate your situation, however you may be a prime candidate for a chapter 13. You can reorganize, pay off the arrears at your own pace and wipe out the other debt. Are you employed? Also watch when the sale date is and examine short term financing options. Feel free to call.

CS

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Answered on 4/10/02, 10:02 pm


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