Double Filing In Foreclosure
Debtor couple in foreclosure, sale upcoming in approx 30 days. Natural candidates for Chapter 7. Question: In order to forestall loss of home for longest period possible, is it legally acceptable for one spouse to file now, wait until the stay is lifted and the sale rescheduled, then have the other spouse file just prior to the later sale date? Haven't seen this discussed elsewhere, and it seems like a simple way to add a good 60-75 days to the ultimate sale date. In the present case there are other minor reasons why the two debtors might consider filing separately (or the spouse not at all), but my question pertains specifically to the legality of filing twice for this purpose. Thanks in advance for any assistance
Answer:
It is legal. However, it could be considered evidence of bad faith, depending on the details.
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