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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-07-2006, 09:30 AM
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Join Date: Jan 2006
Posts: 7
Unhappy

bankruptcy and forclosure


What is the name of your state? Illinois

We filed bankruptcy and our case was closed as of March. We filed Chapter 7 with reaffirming our 1st and 2nd mortgage. Reasoning for filing was due to my husbands illness.
He is without a job (I have one). It wasn't until after banckruptcy that my husband isn't working anymore. Our first mortgage is behind 2 mos. but 1st is up to date.
I believe 2nd mortgage is getting ready to forclose. We both have tried talking honestly with the 2nd mortgage. Them telling us make this one payment and we will see what we can do. Well, we make a payment and call them back and they act like they don't know what we are talking about. So evidently they are not willing to work with us.
We realize now we can not afford this since husband is out of work. My question is can my Chapter 7 be reopen so we can file these 2 mortgages and do I have to go back to the same lawyer? Also what kind of fees do I have to pay. THe whole banckruptcy filing fee or just the fee for adding something.
  #2  
Old 05-07-2006, 02:34 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
My question is can my Chapter 7 be reopen so we can file these 2 mortgages and do I have to go back to the same lawyer?
DID you reaffirm these 2 mortgages ??? If so, you signed a renewed promise to pay and the debt was NOT discharged. It is now the same as if you'd never filed BK at all as far as they are concerned. Reaffirmations CAN be rescinded, but you may already be beyond the allowed time frame. Call your BK laywer and ask.

Quote:
Also what kind of fees do I have to pay. THe whole banckruptcy filing fee or just the fee for adding something.
IF this were allowed, you would have to pay the filing fee to re-open, which I believe is $150, AND you'd have to pay legal fees to a lawyer.
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