Legal Question in Bankruptcy in Massachusetts

Chapter 7

Hi,

I have filed a chapter 13 one Year ago, i had a problem with paying both mortgage and my chapter 13 payment. i missed a couple of payments with my mortgagor and the mortgage comapany was granted relief of stay with bankruptcy court and i was wondering if i could file a chapter 7 and keep my home from being foreclosed on? i have little equity in my home and my vehicle has no equity in it? can you help me with this? Thank you Frank--name removed--


Asked on 4/29/03, 4:59 pm

1 Answer from Attorneys

David Baker Law Office of David Baker

Re: Chapter 7

There isn't enough information to accurately answer your question, but I'll try. If your chapter 13 case is still active, you can NOT file another case just now; the chapter 13 case must be dismissed first. If YOU dismiss your case, you cannot file another case under any chapter for 6 months. If the case is dismissed for some other reason, such as for failing to pay the chapter 13 trustee, you CAN refile. You should make an appointment to go over the precise facts of your situation. Call for an appointment if you want. 617-241-8500

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Answered on 4/29/03, 5:28 pm


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