[JayinGR]

Hi all...

My aunt is having financial problems right now. She cant decalre BK7 because she did that in 2000 however she was informed she could declare BK13 because you can do that after 4 yrs from previous discharge. (I dont know if thats true or not)

The only reason she wants to declare BK is because she lost her job and she is 3 payments behind on her mortgage right now and she doesnt want to lose her house. She has about 25K in CC debt and has only had her house briefly (9 months) because she got a divorce so there is no equity.

Can she file BK 13?

If she can since it is a 13 and not a 7 can they foreclose on her house?

They have not started foreclosure yet but she kows they are going to....

Thanks All

[jlynn]

Jay, the laws have changed so much, she really should see an attorney. From what little I understand of it, the calculations used for her repayments will be done based on her last 6 months of income.

Does she have a new job? Is it at or near her previous income level? If not, she could conceivably set herself up for a failure even under a 13.

I also think the length of time between bankruptcies has been extended, and whether the old filing date is "grandfathered" in may come in to play.

Have her take advantage of the 1st consultation is free appointments with more than one attorney.

[Enigma]

Serial filing is not for the pro se'r. She NEEDS an attorney.

[JayinGR]

Thakns guys...I told her I could not do her paperwork for her...I will try and help her find an atty