Legal Question in Bankruptcy in California
Voluntary Dismiss my Chapter 13 to Sell Home?
I filed Chapter 13 to try and keep my home, last July. The Trustee did not accept the plan(s)submitted by my lawyer. I have been making monthly payments of $2000 a month to the trustee which is more than the $1380 morgage payments I couldn't make before I filed this Bankruptcy.I finally ended up having to sell my house. The problem is my attorney never filed a motion requesting approval to sell my house when I put it on the market last November, escrow was supposed to close this week, but it has been recorded that I am in Bankruptcy and the title company can't proceed without a document from the courts. I have the house sold, couln't I voluntarily dismiss my case and payoff my debtors without going through this process since none of the plan(s)have been confirmed approved? Also the mortgage company is requesting an additonal $20,000 in ''other charges'' that I am objecting to pay. What can I do to stop them from taking these charges from this sale?
1 Answer from Attorneys
Re: Voluntary Dismiss my Chapter 13 to Sell Home?
You can dismiss your case at any time. As far as objecting to the mortgage company fees, that is a non-bankruptcy issue which you would have to litigate in State court.