When can I file for another bankruptcy since I am behind on my mortgage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When can I file for another bankruptcy since I am behind on my mortgage?

Lost my job in summer and now found suitable employment. I am in arrears by 3 months. I was discharged from a previous bankruptcy 6 months ago. I had payment plan that I paid in full.

Asked on September 13, 2011 under Bankruptcy Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since you had a payment plan that indicates that you previously filed for a Chapter 13. Accordingly, the rule is that:

  • A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in a Chapter 13 case filed within the past 6 years; and
  • A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in a Chapter 13 case filed within the past 2 years.

Note:  The time period is measured from the filing date, not the date of discharge.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption