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?


Asked on 3/04/05, 6:25 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

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.

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Answered on 3/06/05, 2:44 pm


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