chapter 13 bankruptcy
can I reopen a chpt 13 if I converted to a chapter 7, But the creditor has now posted a foreclosure date on my home?
1 Answer from Attorneys
Re: chapter 13 bankruptcy
It's complicated but not impossible.
If your Chapter 7 has not yet reached the Discharge stage, you can file a motion asking to have the case re-converted from 7 to 13. Once in 13 again, you add the mortgage arrearages and save the house.
If your Chapter 7 has already Discharged, then you'll need to file a new Chapter 13 case. You'll put in whatever debts remain since the Chapter 7 (likely to be not many debts at all other than the house) then pay that off over 3-5 years.
We sometimes call that second scenario a "Chapter 20" (7 + 13). There's a little more information about it on our website at www.214bankruptcy.com and as long as the "priority" claims in the Chapter 13 (child support, back taxes, student loans) aren't too large, it'll work.
Hope this helps.
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