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AV Preeminent Peer Rated Attorneys
Hull Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Hull Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

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About our Bankruptcy Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Am I eligible to file a chapter 13 if I was discharged from one before?

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Answered by attorney Tony E. Carballo (Unclaimed Profile)
Bankruptcy lawyer at Carballo Law Offices
You can file a Chapter 13 anytime to stop the sale and pay the arrears on the home but you are not eligible for a discharge in that new case if you filed a Chapter 7 in the last 4 years or a Chapter 13 in the past 2 years. You might not need a discharge if you are filing to pay the mortgage arrears in the Chapter 13 Plan. However, you might not be able to discharge the hospital bill. You obviously need to talk to a bankruptcy attorney about your eligibility for a discharge in a Chapter 13 case.
You can file a Chapter 13 anytime to stop the sale and pay the arrears on the home but you are not eligible for a discharge in that new case if you filed a Chapter 7 in the last 4 years or a Chapter 13 in the past 2 years. You might not need a discharge if you are filing to pay the mortgage arrears in the Chapter 13 Plan. However, you might not be able to discharge the hospital bill. You obviously need to talk to a bankruptcy attorney about your eligibility for a discharge in a Chapter 13 case.
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Is bankruptcy the best option after foreclosure?

Maureen O'Malley
Answered by attorney Maureen O'Malley (Unclaimed Profile)
Bankruptcy lawyer at Maureen O'Malley
I don't know what state you're in, so I can't respond fully. If the bank approved a short sale, the judgment should have been satisfied. State law may have a mechanism for requiring that they mark it as such. The bank may be unwilling to mark the judgment as such if there is money still due after the short sale. If this is the case, bankruptcy will eliminate all debt and give your parents a fresh start.
I don't know what state you're in, so I can't respond fully. If the bank approved a short sale, the judgment should have been satisfied. State law may have a mechanism for requiring that they mark it as such. The bank may be unwilling to mark the judgment as such if there is money still due after the short sale. If this is the case, bankruptcy will eliminate all debt and give your parents a fresh start.
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What can I do?

Marion Eugene Ellington
Answered by attorney Marion Eugene Ellington (Unclaimed Profile)
Bankruptcy lawyer at Marion E. Ellington, Jr., Attorney at Law, P.C.
Student loans backed by the governement are not typically discharged in a bankruptcy filing, unless you paid them pursuant to a Chapter 13 bankruptcy.  You should discuss this matter with your bankruptcy attorney.
Student loans backed by the governement are not typically discharged in a bankruptcy filing, unless you paid them pursuant to a Chapter 13 bankruptcy.  You should discuss this matter with your bankruptcy attorney.
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