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Bankruptcy Again.

Submitted by on Thu, 04/17/2008 - 22:51
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How will having a chapter 7 and a 13 affect my chances for buying a home? I had a 7 discharged 10/03 and now, due to a large judgment I had placed on me last year, I might need to consider chapter 13. I'm so depressed. I was just starting to improve my credit and now this. I don't even want to fathom what 2 bankruptcies on my credit report will look to potential lenders or will do to my credit score. Has anyone else here experienced 2 bankruptcies in a period of a few years?


To be honest, your chances of buying a home right now or in the very near future are going to be slim to none. The lenders have all tightened their criteria for qualifying for a mortgage due to the recent housing and credit crisis.

The best thing you can do is to try and take the next few years to rebuild your credit. If you file Chapter 13, you will be in a repayment plan for 3 to 5 years, so you won't be able to do much to rebuild your credit until after that's over. The bankruptcy will remain on your credit for a very long time.


Submitted by SUEBEEHONEY70 on Fri, 04/18/2008 - 03:23

SUEBEEHONEY70

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To Guest. Don't worry too much about purchasing a home right now. After your credit situation is clear, you will more than likely in a couple of yrs. be able to purchase a house. Don't be depressed. Trust in God for all of your help while you walk this earth. Be thankful for all of his blessings. Praise and thank him that you have a roof over your head right now and that if you had to go into debt, that at least it's happening to you during a time period when those of us that are in debt have more options as opposed to those folk who found themselves in debt hundreds of yrs. ago and would find themselves in debtors prison or having to work off their debt by laboring away for yrs. in those infamous workhouses. This is rough I know...but you are not alone. Prayer and faith in God will help you to get through your situation. Always, walk by faith, and not by sight.


Submitted by meircats on Thu, 04/24/2008 - 19:50

meircats

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It's been a while since I read the bankruptcy laws, but I think you've got it backwards. You cannot file another 7 within 4 years of a discharged 13; and that only applies if your 13 plan paid less than 70% to your GUCs.

As far as going 13 right after a 7 -- it's do-able, and I have seen it done many times.


Submitted by DebtCruncher on Fri, 04/25/2008 - 20:39

DebtCruncher

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I stand to eat my words (sorry guest)...

Pertaining to a 13 Discharge (from 11 USC 1328):

[quote](f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if the debtor has received a discharge????????
(1)in a case filed under chapter 7, 11, or 12 of this title during the 4-year period preceding the date of the order for relief under this chapter, or
(2) in a case filed under chapter 13 of this title during the 2-year period preceding the date of such order.
[/quote]
BUT I SWEAR I HAVE SEEN IT DONE; I've had customers do this to me. If I can rationalize it, just like SOL, somebody would have to file a motion objecting to the discharge. If no creditors send their attorney in to object, then the courts will let it slide through. And most creditors don't want to pay an attorney to go object.


Submitted by DebtCruncher on Fri, 04/25/2008 - 20:59

DebtCruncher

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