Posted on: 19th Jan, 2012 01:06 am
hello there, i had filed chapter 7 bankruptcy in order to stop my foreclosure sale few months back. this was an emergency step taken to stop a foreclosure. later on i got it dismissed which i wanted it to be by not following the proper steps. is it legal to file chapter 7 or 11 for that matter again? the bank is going to come around once again to foreclose the property. basically, i want to use chapter 7or 11 as a weapon to keep putting off the foreclosure sale. my credit is destroyed, so don't care about that, but just buying time.
You can refile Chapter 7 provided the court hasn't mentioned any particular time limit in it's judgment within which you won't be able to refile bankruptcy. However, you should note that it isn't a good option to use Chapter 7 or 11 as a means to stop foreclosure. The court may consider this as an offense and can take actions against you. If you want to stop foreclosure, you can apply for loan modification. This will help you save money and you will get a payment plan which will make it affordable for you to pay off the mortgage.