Queens, NY asked in Bankruptcy and Real Estate Law for New York

Q: NY Chap 7 dischrg in 2019 still residing in home in foreclosure awaiting auction. still have the right to file chap 13??

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1 Lawyer Answer
Todd Alan Morth
Todd Alan Morth
  • Bankruptcy Lawyer
  • Buffalo, NY
  • Licensed in New York

A: You are able to file a Chapter 13 in this situation. However, you may not receive a Discharge in this new Chapter 13 case because you may have received a Discharge in a Chapter 7 bankruptcy filed within the prior 4 years. Even if you cannot receive a Discharge, you can still file a Chapter 13 to stop the foreclosure process and set up a payment plan to deal with the mortgage arrears. You should contact a bankruptcy attorney to discuss how to best use the Chapter 13 process to stop the foreclosure. The attorney can also determine when you are eligible to receive a Chapter 13 Discharge.

Timothy Denison and Daniel Michael Luisi agree with this answer

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