[royrogers]

Just informed by sister that she refiled for a second period of bankruptcy (5 addt'l yrs) due to being behind in housenote. She filed for bankruptcy I believe seven yrs ago and she was at the end of the seven yr period Aug 07, but apparently got behind in house note and said she refiled. I'm very concerned about her health, stress, pressure, and trying so hard to hang on with a lot of pressures. She works two jobs five days a week. Her vehicle has 110,000 miles on it. She bought the house in 1997 with a 30-yr mortgage. Can a home be sold when the homeowner is in bankruptcy? If so - best to try and sell as is? Just walk away from the house and let it go to foreclosure? I don't know how to advise her of the most common sense thing to do. Please advise - suggestions - recommendations. Thank you.

[Fr_Chuck]

First there are not "periods" of bankruptcy, there are time limits where you can't refile, but it is a brand new bankruptcy, not a part of the old one.

Next she is filing a chapter 13 or a chapter 7, it will depend

What is the real problem is she can't live on her earnings, she needs serious budget help to get one and stay on it. She may want to seriously consider the chapter 13 not the chapter 7 and let her get on a strict budget and learn for several years while paying debts off, how to live on and make a budget.

She needs not to get another credit card, ever,
She can sell the house, but the profit from it above any exemptions will need to go into the bankruptcy to pay off who it can.
Or she can merely include the house in the bankruptcy and walk away also.
She really needs to sit down with a bankruptcy attorney and talk this over.