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Three Reasons to Hire a Bankruptcy Attorney

When most people come to the Mina Nami Khorrami LLC, they are in dire straits. Bankruptcy is their last resort. They’ve tried everything else. So, when they sit in our office, we want them to know these three reasons to hire a bankruptcy attorney.

While bankruptcy can be a scary time, there are positives that can come of it. One of the best things you can do is hire a bankruptcy attorney to help you through the process. It is a complex and involved process and you should not do it alone. When you hire a bankruptcy attorney, you are hiring an expert who can help you navigate the court system and move through the process with a little less worry and stress.

Here are three reasons to hire a bankruptcy attorney. Read on:

We know the law

A bankruptcy attorney knows the laws; every complex bit and loophole. We know how to file your case so it won’t get dismissed. And, we help you navigate all the complex requirements, meet every deadline and follow the process.

We protect your interests

When you hire a bankruptcy attorney, you hire a true advocate. We will be in your corner, making sure to provide comfort during this stressful time, while making sure to protect your interests. We are knowledgeable. We know the consequences. We will be there for YOU.

We know what is expected

Chances are, you’ve never filed for bankruptcy before or it has been a long time since you filed. We have. We know all the requirements and deadlines you’ll face and will make sure they are all met. We know how important it is to have proper guidance when you are facing bankruptcy and we’ll be at the meetings and hearings with you so you know what to expect.

Mina Nami Khorrami LLC

Like any area of law, bankruptcy is complex, with its own set of rules and procedures to follow. Hiring a bankruptcy attorney will protect your rights and make sure you aren’t put at a disadvantage.

 

Filing a new Chapter 13 case after dismissal of a previous Chapter 13

If you file a Chapter 13 case that is dismissed, can you file another Chapter 13 case afterward to save your house? In re Bieniek, Case no. 16-62113 (Bankr. N.D. Ohio, November 22, 2016) the Bankruptcy Court said yes, under some circumstances. In that case the homeowners filed a Chapter 13 case in 2007. They successfully completed their Chapter 13 plan in 2012 and received a discharge. Subsequently, the husband lost his job and the homeowners fell behind on the mortgage payments. The husband found another job and they filed another Chapter 13 case in 2014 to save their house, but then the husband lost his new job in August of 2016 and their Chapter 13 case was dismissed. Once again the homeowners fell behind on their mortgage payments.

After the dismissal, the husband found another job, and the homeowners filed a third Chapter 13 case on October 12, 2016. The mortgage creditor objected to the homeowners’ third Chapter 13 bankruptcy case, arguing that it was filed in bad faith and the foreclosure on the house should proceed. The homeowners argued that their circumstances had changed and that they had filed their third Chapter 13 case in good faith and would be able to make their plan payments and complete their plan. The Court agreed, finding that the homeowners were now both employed and their income was greater than it was when they successfully completed their first Chapter 13 plan in 2012. Thus, the homeowners were allowed to proceed with their third Chapter 13 case and the foreclosure on their home was stopped.

This result was based on the facts of this particular case and may not apply in all cases. However, under some circumstances, it is possible to successfully file a Chapter 13 to stop a foreclosure after dismissal of a previous Chapter 13 case. If you are considering a Chapter 13 bankruptcy as an option, contact Columbus, Ohio lawyer, Mina Nami Khorrami, for a free initial consultation to discuss your case in more detail.