If my bankruptcy was dismissed, how does this affect my foreclosure?

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If my bankruptcy was dismissed, how does this affect my foreclosure?

I filed to stop a foreclosure by filing a Chapter 13 but it got dismissed. How much time do I have before the bank starts knocking again? Can I re-file?

Asked on February 17, 2012 under Bankruptcy Law, California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

How long you have depends on where the bank was in the foreclosure process when you filed.  If they were less than a week away, then they may be able to complete the foreclosure sale on any date.  I'm not sure they have to send out a new notice.


You can file another Chapter 13, but you will only have the benefit of the automatic stay for 30 days, unless you file a motion and have it heard within that 30 day period and convince the judge that the stay should be extended.  Otherwise, they will be able to foreclose after the 30 days.


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