Posted on: 09th Jun, 2009 10:34 am
Can my husband file chap 13 if I have done so separately and it has been dismissed?...I file chapter 13 to save my house. The mortgage company filed a motion for the automatic stay to be lifted, I am dismissing my bankruptcy case. Can he now file since he was not included when I filed.
hi jeanine,
you do not need to dismiss your bankruptcy just because your mortgage company has filed for the removal of automatic stay. the court will judge your situation and decide whether the automatic stay would be lifted or not.
as far as your husband is concerned, he can definitely file chapter 13 bankruptcy. however, there are various ways to avoid bankruptcy. i would suggest your husband to check out those steps first and then decide on filing bankruptcy.
you do not need to dismiss your bankruptcy just because your mortgage company has filed for the removal of automatic stay. the court will judge your situation and decide whether the automatic stay would be lifted or not.
as far as your husband is concerned, he can definitely file chapter 13 bankruptcy. however, there are various ways to avoid bankruptcy. i would suggest your husband to check out those steps first and then decide on filing bankruptcy.