Here is a question posted on AVVO.com:

My 1st court date for foreclos(ure) proceeding (fifth third bank) is March 28, I can not file for a chapter 13 until April 11 do I go? I can’t file for a ch13 until April because I had a previous ch7 and the lender had me refinance right before the discharge so new note was not part of ch7, I do not want the home due to mold and other problems builder did bad job and has vanished. Note is only in my name, I make 92k annually, I have 3 kids, I barrowed $179k on 1st mtg and have line of credit secured by home from same bank for $30k. Should I appear in court on March 29 or just wait and file chpt 13 in April?

Here is my answer:

There are many factors in deciding when to file Chapter 13, and when to appear in a foreclosure case. You need to review all of the facts you mention with an experienced bankruptcy attorney who does Chapter 13 cases. There are restrictions on a discharge in a Chapter 13 filed after a Chapter 7 case. Restrictions on filing are different. Also, you mention some sort of a refinance of the note. The attorney would need to review all of the documents for the prior Chapter 7 case, the “refinance”, the note, and your income and expenses to determine your best option. Most bankruptcy attorneys in the area offer free first consultations, as I do. http://www.avvo.com/legal-answers/my-1st-court-date-for-foreclose-proceeding–fifth–1081191.html#answer_2000939

As you can see, there are many complicated facts that this person needs to review with an attorney. Each person’s situation is different, and it is important to get good legal counsel before trying to solve your problem on your own.

Daniel J. Winter
djw@DWinterLaw.com
708-422-2221
BankruptcyLawChicago.com