can we file a Chapt 13 bankruptcy if we filed Chapt 7 a year ago?

I can understand where you filed a CH 13 and then could not make the payments then filed a CH7 to clear out all the debts. It depends on the state in which you live whether you can keep your car and house and there is a form that needs to be filed with the court to keep those.

Yes, when a Chapter 13 is converted to a 7 it stands to reason that the trustee would stop making payments.

When I worked in an attorney's Bankruptcy Division I remember hearing that "a bankruptcy can be filed every 7 years only" so that sounds to me like when someone files a bankruptcy they have to wait 7 years before they can file another one, however I do not think your attorney lead you down a path of destruction. If I were you I'd get with that attorney and ask him if he filed the proper paperwork to save your home. If he did then you are fine and you'd just hand that document to the mortgage company. If your attorney didn't do that then he didn't do that as you instructed him to do and you can sue him. It's just that simple.

If the bank starts foreclosure proceedings then you still have some time to find other accommodations and to do a quick sale of the property. If you did a quick sale though you'd probably lose your shirt. The bank knows this and these days they are keeping people longer in their homes or making contracts with the former owners so they can stay in the home and pay rent instead of the mortgage. If you want advice on that call HUD.

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RE Can we file a Chapt 13 bankruptcy if we filed Chapt 7 a year ago?

We filed a chapt 13 Bankruptcy in 2003 which ended in 2008...we didn't meet all the money owed, so our attorny suggested to convert to a chapt 7 at the end of the 13...so we did. We sent every monthly payment during the 5 years of payments, but there was just too much owed. When we converted to a Chapt 7, the atny told us we would NOT lose our home, well: now the mortgage company wants to foreclose on our property saying we owe this huge sum of money on the mortgage (which was included in the chapt 13, then chapt 7) The trustee had stopped making payments to the mtge. company in Sept of "05, but neither the mortgage co. nor the attorny told us...we were not made aware until the end of the 13. I have the printouts of our payments and of the dispursements of the money, and it indeed shows that 9/05 was the last of the money sent to the mortgage company. So: what do I do? Do I file another Chapter 13 to save our home, CAN I even file one, or what can I do? Mortgage company wants $11,000.00+ and huge monthly payments now or will proceed with the foreclosure process which had begun. They say we failed the Modification Loan and HAMP. Does anyone have any solid advice? I personally feel my atny. led me down a path of distruction purposely (he had to know what was going on).

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RE Can we file a Chapt 13 bankruptcy if we filed Chapt 7 a year ago?

We filed a chapt 13 Bankruptcy in 2003 which ended in 2008...we didn't meet all the money owed, so our attorny suggested to convert to a chapt 7 at the end of the 13...so we did. We sent every monthly payment during the 5 years of payments, but there was just too much owed. When we converted to a Chapt 7, the atny told us we would NOT lose our home, well: now the mortgage company wants to foreclose on our property saying we owe this huge sum of money on the mortgage (which was included in the chapt 13, then chapt 7) The trustee had stopped making payments to the mtge. company in Sept of "05, but neither the mortgage co. nor the attorny told us...we were not made aware until the end of the 13. I have the printouts of our payments and of the dispursements of the money, and it indeed shows that 9/05 was the last of the money sent to the mortgage company. So: what do I do? Do I file another Chapter 13 to save our home, CAN I even file one, or what can I do? Mortgage company wants $11,000.00+ and huge monthly payments now or will proceed with the foreclosure process which had begun. They say we failed the Modification Loan and HAMP. Does anyone have any solid advice? I personally feel my atny. led me down a path of distruction purposely (he had to know what was going on).

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Hire another Attorney for the Bankruptsy and then file a complaint with the Bar Association against the current attorney. That is mal- practise

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