Filing Chapter 13 after discharge of Chapter 7

What is the name of your state? TX
Is it possible to immediately file a Chapter 13 after a Chapter 7 is discharged? My mortgage lender (who was so nice by saying "pay what I could, when I could", when I informed them I was filing Chapter 7.) has now asked for a lifting of the stay in order to start foreclosure proceedings! The lender is totally against any catching up on the payments and wants the entire amount of $4500 or nothing! Trying to locate lender to refinance, but no luck so far. (After the 7 discharge, my house payment will be my only monthly bill, other than utilities and auto insurance)

[HomeGuru]

Originally posted by sgray
What is the name of your state? TX
Is it possible to immediately file a Chapter 13 after a Chapter 7 is discharged? My mortgage lender (who was so nice by saying "pay what I could, when I could", when I informed them I was filing Chapter 7.) has now asked for a lifting of the stay in order to start foreclosure proceedings! The lender is totally against any catching up on the payments and wants the entire amount of $4500 or nothing! Trying to locate lender to refinance, but no luck so far. (After the 7 discharge, my house payment will be my only monthly bill, other than utilities and auto insurance)

**A: why didn't you reaffirm the loan with the mortgage lender? You should have filed a 13 and reaffirmed with the arrears included in a payment plan. Something does not seem right here. You have no attorney, correct?

Right ... I didn't have an attorney when I filed the 7 ... have since consulted with an attorney who contacted the attorney for the mortgage co when they requested the lifting of stay; but, their attorney refuses any sort of repayment plan, just the whole amount!

[HomeGuru]

Originally posted by sgray
Right ... I didn't have an attorney when I filed the 7 ... have since consulted with an attorney who contacted the attorney for the mortgage co when they requested the lifting of stay; but, their attorney refuses any sort of repayment plan, just the whole amount!

**A: ok, so didn't your attorney tell you that the mortgage lender is a secured property title creditor and as such they will be granted the motion for relief of automatic stay, foreclosure will commence and you will loose your property?

NO! My attorney said to try to come up with the total amount of $$ before the foreclosure was finalized. That was the only option the lender offered to make. And, that's just what I'm trying to do, i.e. selling off my personal property to yard sales. Will Chapter 13 still be an option? .... I'll be able to get the payments caught in 6 months.

[JETX]

"Will Chapter 13 still be an option? .... I'll be able to get the payments caught in 6 months."
*** Since you already got a Chapter 7, you will have to wait six years before you can file again. However, depending on the timing, it might be possible for you to contact the bankruptcy court (through your attorney) and get the chapter 7 set aside and refile as a chapter 13. This would reset ALL your debts and you would have to pay them a percentage as set by the court. Simply, you cannot just do this with your mortgage, but ALL debts.

[Ladynred]

If you haven't gotten your discharge yet, it still may be possible to convert to a Ch 13 too.

I'm sure it's possible to convert back to a Chapter 13 (the lendor's attorney suggested that action at the hearing for the lift from stay); but, won't that re-activate all my credit card charges that are already showing up as bankrupty on my credit reports? .... Is there a certain percentage you would have to pay back monthly to your creditors on a 13; and, is it stated anywhere that there are certain (max) percentages of your income that will be allowed for basis living expenses, i.e. current house payment, utilities, food, etc.? Guess I ask a lot of questions, but it's cause I really don't have the knowledge.

Also, I understand you can't file another Chapter 7 for six years after having filed an original Chapter 7; however, there was no time frame regarding when you could file a Chapter 13 after having filed a Chapter 7. Is this incorrect information?