The Seven year period of bankruptcy...

[SunshineGal]

This is my understanding as well, Sunshine. I love how soon people can buy a house again via FHA!

Before the mortgage meltdown it was a different game. FHA was actually the worst at 3 years from discharge date. Fannie and Freddie required 2 years from the date of *filing*, and a chapter 13 was the same, it just had to be discharged.

On that subject, Freddy just went to 7 years for a prior foreclosure, expect Fannie to follow soon.

[df04527]

Tobee's marshmallow!!! OMG - that cracks me up.

Tobee - you really should give your attorney a call or email and advise him in a kind, gentle and professional way of course. You may be very suprised that he responds with a thank you so much for the clarification and the research that was put in to it.

Really - the bottom line here is you were advised wrong - that needs to be fixed and now your spewing the same wrong info and stuck on it for the wrong reasons.

I would also suggest to the mods/admins to make this a sticky, if possible, with an appropriate subject line for all newbie's to read and understand when speaking about bankruptcies and credit reporting as I'm sure this has come up at least 100x before now. :|

[LadyInTheRed]

.....we can cite law all day, however to argue and win in court is a different issue for certain.

i have worked for some top atty's that could twist words of the law to suit any situation and make even the judge spin their head...it's an art and a shame all in one brief moment for the poor client.

Yes, but the attorney still needs to have a good enough argument to convince the judge. The judge's head may spin when he first hears the argument, but he an take all the time he wants to pull it a part and make a decision.

(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.

An attorney would be a fool to try to argue that this means an order for relief doesn't occur until discharge. There are plenty of vaguely written laws, the meaning of which could be debated for hours. This is not one of them.

[tobee43]

Hmmm. I didn't see the term "order for relief" in your post. I guess you'll just have to read the code to see that the "order for relief" is the date your petition was filed.

that was the "blah blah"...LOL!! you didn't see that??

i believe you!! i do!!

[tobee43]

At long last, we agree. I'm grateful for all the smartypants types who hang & post here.

ROFL!!!!!! you are too funny!!!!! and let me add...

There are two secrets for success in life:
1.) Never tell everything you know

[debee]

ok.........i drug out the old papers......here they are!!!!!!!!!!

Hmmm. I didn't see the term "order for relief" in your post. I guess you'll just have to read the code to see that the "order for relief" is the date your petition was filed.

[debee]

des. IS THE BEST...!!!

At long last, we agree. I'm grateful for all the smartypants types who hang & post here.

[tobee43]

ok.........i drug out the old papers......here they are!!!!!!!!!!



United States Bankruptcy Court
Middle District blah blah
case number blah blah


discharge of joint debtors:

it appearing that the debtors are entitled to a discharge

IT IS ORDERED....
the debtors are granted a discharge under section 727 of title 11 blah and more blah...

so ordered DATED: NOT MY FILING DATE....and signed by the usb judge....


second order rec'd

order approving trustees report of no distribution...

it is ordered

that
1. approved and estate closed
2. trustee is discharged
3. pleading that have not been cured are now moot...

DONE AND ORDERED....NOT ON THE FILING DATE....but on the same date at the discharge......and signed once again by us bk judge....

both orders are the same date and no where is our filing date listed.....the order is entered onto the books on that date.....


don't HIT ME!!! i just pulled this stuff all out for you...

[tobee43]

There's a lawyer who posts here named DespritFreya. Personally, I love his/her posts. Normally short,sweet and smart. I've learned a lot from them. This is a quote from another thread:

" First the Trustee does not grant a discharge, the Judge does. Second the discharge is effective as of the Petition Date (the date for the Order of Relief) because 11 USC 727(a) provides that the Court shall grant a discharge unless. . ." These are the very first words of that section."

edit: I'm posting this attorney quote to counter the crap that tobee's marshmallow is putting forth.

des. IS THE BEST...i have been trying to tempt him to moving to florida...but he won't bite!!!

[tobee43]

Not me, not me. Too many people on this forum who got not just bad advice, but dead wrong advice from their attorneys. Like tobee's attorney who may be great for whatever she is using him for but has his head up his marshmallow when it comes to bankruptcy legal definitions.

LOL!!! maybe it is.... & i hope it's chocolate covered marshmallow!

i say this one i'm just going to have to wait it out and see when it finally falls off my credit report...if i'm still alive!!!!

[debee]

There's a lawyer who posts here named DespritFreya. Personally, I love his/her posts. Normally short,sweet and smart. I've learned a lot from them. This is a quote from another thread:

" First the Trustee does not grant a discharge, the Judge does. Second the discharge is effective as of the Petition Date (the date for the Order of Relief) because 11 USC 727(a) provides that the Court shall grant a discharge unless. . ." These are the very first words of that section."

edit: I'm posting this attorney quote to counter the crap that tobee's marshmallow is putting forth.

[tobee43]

I don't know. Never asked any of the people I know how they financed their mortgages.

i'm just so curious...so far i have known of no one getting a mortgage in the past 2 years that went bk....

i did, however, know a woman up in new jersey lost her house and within a YEAR was able to buy another....however, that was before all these bank messes...i'm just wondering who's getting financed and by whom...just a thought...didn't mean to highjack the thread!

[debee]

... to provide the attorneys the benefit of the doubt.

Not me, not me. Too many people on this forum who got not just bad advice, but dead wrong advice from their attorneys. Like tobee's attorney who may be great for whatever she is using him for but has his head up his marshmallow when it comes to bankruptcy legal definitions.

[debee]

debee...do you know anyone that got an fha after a bk within the past year or so????

I don't know. Never asked any of the people I know how they financed their mortgages.

[tobee43]

This is my understanding as well, Sunshine. I love how soon people can buy a house again via FHA!

debee...do you know anyone that got an fha after a bk within the past year or so????