Legal Question in Bankruptcy in Florida

Re: Foreclosure

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) extended the amount of time a debtor has to wait before they can file another bankruptcy from 7 years to 8 years. (You can thank the major credit card companies

' lobby for that little jewel of legislation) However, it is very important to note that the 8 year wait is before you can file another bankruptcy under the same chapter, if a discharge was entered in the prior case. So, if you filed under Chapter 13 on May 13, 2000, you would need to wait until May 13, 2008 before you can file under Chapter 13 again; however, you could file under Chapter 7 immediately after your first Chapter 7 case was finished.

However, if the first case was DISMISSED, not DISCHARGED, then you would have to wait 12 months from the date of dismissal to refile, otherwise the automatic stay that would normally stop collections activity (such as foreclosure sales) is not effective against secured creditors (like mortgage holders).

So, whether bankruptcy can help you is going to be dependent upon how long ago you filed the previous case, what chapter it was, and whether the case was DISCHARGED or DISMISSED.

For more information about the difference between Chapter 7 and Chapter 13, you can check out our website at www.LaBellaLaw.com. You should also check out our News section to see how you can help us get the Helping Families Save Their Homes in Bankruptcy Act passed.

STOP THE BANKS

from blocking a new law (S. 61) that will help homeowners save their homes from foreclosure � at no cost to taxpayers

HERE�S HOW YOU CAN HELP PASS SENATE BILL 61

(Helping Families Save Their Homes in Bankruptcy Act of 2009):

* Telephone your Senators today (during weekdays) and ask them to stand up to the banks and support S. 61. Your Senator's contact information is on www.LaBellaLaw.com/news.

* Email letters to your Senators � it�s quick and easy at www.nacba.org/TellCongress

Help get the Senate to pass this bill this week!!!

The House has already approved it!