Filing Chapter 13 Reorganization to Keep your Home
Filing Chapter 13 bankruptcy can be beneficial to a debtor. If you want to keep your home, you need to be sure you are clear to your bankruptcy lawyer. Convey your goals. Your lawyer should be clear on what is required to keep your home or any other asset. A Chapter 13 bankruptcy lawyer must have legal experience and be knowledgeable in filing bankruptcies.
There are specific requirements and deadlines that are required in filing Chapter 13 bankruptcies. A good bankruptcy lawyer knows the bankruptcy process, bankruptcy code and court rules.
A Debtor can keep their home or car in a Chapter 13 reorganization. Under my watch, when filing a Chapter 13 bankruptcy, Debtors keep their homes and car. That is, if they want to keep them.
Below you will see how a Debtor lost their home regardless of filing a Chapter 13 bankruptcy. The lawyer drops the ball. The Debtor should have hired a Board Certified Bankruptcy Lawyer. Bankruptcy is a specialized field which requires a lawyer who specializes in bankruptcy law.
Background:
- Debtor filed Chapter 13 Bankruptcy pro se.
- First Chapter 13 case was dismissed
- Debtor hired a lawyer unfamiliar with Chapter 13 bankruptcy law
- Sheriff’s sale was scheduled. (see basics of a sheriff sale https://www.bcsd.us/sheriff-sales .
- Lawyer filed 2nd Chapter 13 case for Debtor.
- 2nd Bankruptcy filed within 12 months of dismissal of the prior case.
- Lawyer dropped the ball.
- He did not file an application to the Court within 30 days of the filing of 2nd Bankruptcy.
- The automatic stay expired 3 days after filing of 2nd Bankruptcy case.
Outcome:
- Filing of the 2nd bankruptcy had no value to Debtor.
- Sheriff’s sale proceeds.
- Debtor loses their home because their lawyer dropped the ball.
Law has many facets and specialties. You should hire a Board-Certified Bankruptcy Lawyer for bankruptcy matters. The range of issues in law are far reaching. I specialize in one field: Bankruptcy.
Chapter 7, Chapter 11 and Chapter 13 Bankruptcy Law is my key focus. I have been a bankruptcy lawyer for over 30 years.
I provide my clients with solid legal knowledge and experience in NJ Bankruptcy.
If you are considering filing a bankruptcy and want to keep your home, I am here to help you. Call me for a free consult: Ralph A. Ferro, Jr., Esq. (201) 446-5904.
