Orlando, FL asked in Bankruptcy for Florida

Q: I have a sales date approaching next month after bankruptcy was dismissed. What can I do?

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2 Lawyer Answers

A: It depends on what type of bankruptcy you filed and why it was dismissed. A chapter 7 does not protect the property from sale and only keeps the bank from holding you personally liable. I am guessing, and that's a big guess since you did not post sufficient facts, that you filed a Chapter 13 and likely did not keep up with the payments. I am also guessing it is a mortgage foreclosure but it could be a HOA foreclosure or some other type of lien foreclosure. If it is a mortgage foreclosure then you can file again and motion for mortgage modification mediation. If you didn't have a lawyer before, get one now so you have a better chance of success.

Timothy Denison and David Luther Woodward agree with this answer

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You can possibly file or refile a chapter 7 or chapter 13 depending on the circumstances of the prior dismissal.

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