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Question
QUESTION: Can you file chapter 13 bankruptcy 1 year after filing chapter 7 in California
ANSWER:
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I am very sorry that you are once again facing financial hardship.
You are not eligible for a Chapter 13 discharge unless you file a 13 more than 4 years after the date that your previous Chapter 7 was filed. Under the old law, you could go into Chapter 13 right away after getting a Chapter 7 discharge, and be eligible for a discharge in the 13 case. Not anymore.
This new law has made it much harder for working people to cope with a negative financial environment.
If you want to do some general reading on the procedures of the new bankruptcy law, see my Guide at http://www.debt-relief-bankruptcy.com/guide-new.asp
I hope you somehow come out of this OK.
---------- FOLLOW-UP ----------
QUESTION: Thanks for answering my question. I have one more question if you don't mind. I have not built any debt up since the bankruptcy I filed last year however I may lose my house that I kept through the filing. I never signed any new papers to keep the loan and I never reaffirmed (whatever that means) with the lender but I never could catch up with the payments and now they are saying they are going to issue a notice of default. I have tried to make payment arrangements with the loss mitigation but I have not gotten anywhere. I hate to give up the house to foreclosure but I may have to because it is upside down un value. My question is am I responsible to pay the difference if they foreclose and don't sell the house for enough to cover the loan?
Thank you
My question is am I responsible to pay the difference if they foreclose and don't sell the house for enough to cover the loan? NOT IF THE DEBT WAS DISCHARGED IN YOUR CHAPTER 7. ALSO, YOU CAN STILL FILE A CHAPTER 13, EVEN THOUGH YOU WON'T GET A DISCHARGE, AND USE THE 13 AS A TOOL TO RESUME MORTGAGE PAYMENTS AND REINSTATE THE MORTGAGE LOAN. MY GUIDE WILL GIVE YOU AN OVERVIEW OF HOW THAT WORKS, AND IF YOU ARE INTERESTED IN PURSUING THAT YOU REALLY SHOULD GET AN ATTORNEY.
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http://www.debt-relief-bankruptcy.com/FAQ-browse11-18/bankruptcy-guide.asp
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Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/
Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.
Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.
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