Sterling, VA asked in Bankruptcy for Virginia

Q: my chapter 13 was dismissed and had to file another one to keep my home, does the second one plays by the same rules?

my first one was dismissed because I was behind on my mortgage payments and just wondering if the second case is under the same rules or have stricter rules.....just want to make sure

Thanks for any advice I can get

Chapter 13 filed in Virginia

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2 Lawyer Answers

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. Same rules. You can put your house arrears into the plan and you will have two years to pay them off (as well as the current payment), but yes, same rules. You should consult an attorney who can help you substantially.

1 user found this answer helpful

James H. Wilson Jr.

  • Bankruptcy Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: The protection against creditors under the automatic stay in bankruptcy only lasts for the first 30 days in a second case filed within a year of dismissed prior bankruptcy. In most cases, the debtor should file a motion to extend the stay past the first thirty days by demonstrating that the second case was filed in good faith, usually by illustrating a beneficial change in financial circumstances since the dismissal of the first case. The hearing on the motion should be scheduled to be heard within the first 30 days after case filing. The substance and procedure of these motions is rather technical, and any debtor should immediately consult with counsel before filing such a motion.

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