Legal Question in Bankruptcy in Illinois

I file Chap 13 on 1/10, the case was confirmed on 4/10. On 8/10 my mortgage companyrec'd a overtunr on the stay for the home because I missed 5 mortgage payments. I need to refile a Chapt 13 now to save my home bu the first bankruptcy was not dismissed entirely, only the mortgage rec'd a dismissal on the stay. How do I get the first case totally dismissed so that I can refile again. Myhusband has just been apporved for diability to I will be able to make future payments.


Asked on 9/05/10, 4:47 pm

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

If you get your case dismissed you will not be able to immediately refile for bankruptcy under the Federal Court rules. What has happened is that the mortgage company convinced the court that their interest would be damaged if the stay continued to be in place. What you need to do is try and appeal the lifting of the stay and talk to your trustee about altering your repayment plan. If you get your bankruptcy case dismissed, the stay will be lifted from your other creditors after 60 days. I believe you will not be able to refile for bankruptcy for 180 days.

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Answered on 9/10/10, 5:15 pm


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