Filing Chapter 13 twice

[delilalhnbootyc]

We filed chapter 13, and realized we couldn't meet the payment schedule.....we have withdrawn and the bank is now proceeding with foreclosure....we filed in December, we withdrew in February, auction is scheduled for April, and in Michigan we have 6 months for redemption.....my question is, since it will be past the 6 months that we withdrew and we can file for chapter 13 again....can we refile and save the house, or is it gone once it has gone to auction?

[MajorMike]

Is there a reason why you couldnt meet the payment schedule? How will you make it now? I believe it's too late but someone chime in ;-)

[HHM]

What is your end goal, to save the house or delay moving out.

but as major mike pointed out, you couldn't even make it 3 months in your first chapter 13, what makes you think you will do any better this time around. Ultimately, to keep the house, you have to cure the arrears (or do some type of loan workout), the solution is that simple. If you can't cure, you can't keep the house.

I am not familar with Michgan redemption law specifically...but the problem will be this...redemption usually requires you to pay the ENTIRE balance due to redeem the property, not just the arears...thus, you would have to somehow get a refi that will allow you to PAY-OFF the loan.

[rrockinggramma]

You could refile but the auto stay will not be allowed. In Michigan I have read over and over that the trustee's do not allow the auto stay for the second filing. That means that you will lose your house anyway because the trustee will allow the stay to be lifted. I would live in your house for the 6 months rent free and save up your money to rent another place. I am in eastern district, michigan as well.