8/16/2013
This morning I got a call at 4.00 a.m. from a very distraught homeowner whose house was being sold at an foreclosure auction at 9.00 a.m. at the Miami-Dade Circuit Court. Mind you she did not have my cell number. The messaging service routed the call to my cell because the woman was crying and she needed to speak to "her" attorney right away. I do not know this person and have never represented her.
I spoke to her, and informed her that the only possible way she could top the foreclosure sale would be to file a bankruptcy [chapter 13 or a Chapter 7]. Before I could even ask her if she had ever filed a bankruptcy, she volunteered that she had filed a bankruptcy in May, 2013, and the case was dismissed. Upon investigation I found out that she was not eligible to file another bankruptcy because her case was dismissed with prejudice for 180 days from filing any kind of bankruptcy anywhere in the United States.
I ask her if there was anybody else on the deed or if there were any other defendants on the foreclosure lawsuit that could file a bankruptcy as that would stop the sale of the home. In this case there were no other defendants. I told her that she was probably out of luck and that the house would most probably get sold at the foreclosure sale. It is now 1.58 p.m. The house was sold at the foreclosure sale at 10.25 a.m. this morning. I feel very sad for her.
She then proceeded to tell me that she did not file the bankruptcy, but that the people who were helping her with the loan modification filed the bankruptcy for her. Okay, that is fine and dandy. But it does not help her today to save her home. Even if she had come to me a week ago, I could have done something for her. But this morning was too late.
People, be careful. The filing of a bankruptcy is a "privilege." Don't abuse the privilege because it will come to haunt you.
Here is the million dollar question: How many times can I file a bankruptcy.
Answer: it depends !!! If you are not seeking a discharge of your debts, you can file as many times as you can until a Bankruptcy Judge labels you a "serial filer," or "abuser" of the bankruptcy law, and then enters an Order prohibiting you from ever filing a bankruptcy in the USA. But I am sure you can always file one in Canada or the Bahamas.
The law allows you to file a Chapter 7 once in 8 years. You can file a Chapter 13 four years after you get a discharge in a Chapter 7, and get a discharge. However, in emergencies like a foreclosure sale or a garnishment, you can always file a Chapter 13 bankruptcy to invoke the protection of the Automatic Stay as long as there is no Order from the Bankruptcy Court prohibiting you from filing another bankruptcy.
My strategy is simple: if a Client comes to me, and I file him/her in a bankruptcy, and that case is dismissed for any reason, I immediately file a Motion to Reduce the Prejudice Period, attend a hearing and obtain an Order Reducing the Prejudice Period. This way the Client is protected just in case he or she has to file another bankruptcy within 6 months of the last dismissal.
Here is some suggestions:
1. Don't let realtors and loan modification specialists file you in any bankruptcy, and if they do, immediately after the filing, contact a bankruptcy lawyer and educate yourself on the law and process. I give FREE CONSULTATIONS to people in these situations.
2. Bankruptcy is a privilege. Don't abuse it !!!
3. Bankruptcy law is complex. Consult with a Bankruptcy Lawyer.
4. Many Bankruptcy Lawyers have payment plans. In Chapter 13 cases, legal fees can be paid through the Chapter 13 Plan.
5. If you file a bankruptcy just to stop a sale, and then let the case get dismissed, be careful. You are playing with fire. You may lose your home the second time around.
6. Bankruptcy is not a bad thing. It will not ruin you for the rest of your life. Your credit is already bad because you have defaulted on your credit cards, mortgages, car loans, etc. How much more can a bankruptcy affect you. Not much effect on your credit score. Besides credit can be fixes, repaired, and restored. Within 12 to 18 months of the filing of the bankruptcy, it is not uncommon for you to have a score of around 600 and more..
7. Bankruptcy can be used to get rid of debts and to reorganize your debts or save you home from a foreclosure sale, stop a garnishment, get rid of an IRS lien, 2nd mortgages, Association liens, etc.
If you are having trouble getting a Loan Modification, and you believe you have sufficient income to get one, contact me. The Bankruptcy Court has a new Loan Modification Mediation Program that is expected to help a lot of homeowners accomplish what they could before...that is get a loan modification.
LIFE IS SHORT. GET RID OF DEBTS !!!
Attorney
Elias Leonard Dsouza concentrates his practice on Bankruptcy [Chapter
7, 13 & 11,] Foreclosure Defense, Defense of Credit Card Lawsuits,
Credit Restoration, and Debt Settlement & Credit Counseling. Our
office also handles complex Civil Litigation, Business & Corporate
Transactions & Litigation, Employment Law, Collections, Creditor
representation, Real estate transactions, Personal Injury, Family Law,
Immigration, Landlord-Tenant law, Franchise Law, Tax Law and We Sue Debt
Collectors under the Fair Debt Collection Practices.
If you have questions on this Program, please call me at 954-358-5911.
MY MISSION:
I
am very passionate about helping consumers protect their rights, and my
goal is to compassionately and passionately help people reorganize
their debts, help them keep all or most of their property, save their
homes from Foreclosure, stop wage garnishments, and assist people to
“get a fresh financial start”. I am available to assist and advise you
on how to rebuild your credit and buy the new house or start the new
business that you always wanted to. This is a small law firm, and as
such, can and does provide personal service, professional
representation, and follow up. If you would like to learn
more about your options, contact me as soon as possible for a FREE INITIAL CONSULTATION so
that I can assist you through these difficult times. I also offer an affordable payment plan for legal fees.
Elias Leonard Dsouza, Esq.
"The best compliment you could ever give me is a referral."
A CONSUMER RIGHTS PROTECTION LAW FIRM
LIFE IS SHORT. GET RID OF DEBTS !!!
"Life is Short. Get Rid of Debts"
111 N. Pine Island Rd., Suite 205
Plantation, Florida 33324
Phone: 954-358-5911
Fax: 954-357-2267
www.DsouzaLegal.com
Skype: elias.leonard.dsouza
Skype: 954-762-7608
Http://Facebook.com/Elias.Leonard.Dsouza
Blog: http://dsouzalegal.blogspot.com
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