Legal Question in Bankruptcy in Maryland

chapter 7 dismissed

Hello legal professionals, in December I used an attorney to file chapter 7 in order top stop a foreclosure sale, however, at this time(April, I was notified the case was dismissed due to court charges not being paid.The chapter 7 was never ratified. Is there anything I can do?


Asked on 4/27/09, 2:32 pm

3 Answers from Attorneys

Re: chapter 7 dismissed

I am sorry for your problems. It is not usual to file a BR7 to prevent a foreclosure. If you wanted to prevent a foreclosre, you need to ratify the Deed of Trust and work out a program with your lender to make the payments required. If you do not make the payments, they will certainly foreclose. If you file a Chapter 7 and their is sufficient equity in the property after payment of the debt, the Trustee can take that property to sell and pay the creditors. If there is not sufficient equity after the foreclosure or sale of the property, then under 7, you would not owe any additional amounts. In order to keep your home (which would be wise to do only if there is sufficient equity in it), you would want to file a 13 where you pay a portion of your debts over 3-5 years and pay the mortgage.

It is unclear from your discussion as to why the total case was dismissed. If you did not make the necessary payments or file the necessary papers in a timely manner, you will be dismissed. You can appeal the dismissal once you know what happened but I would not suggest that you stay in 7 if you want to keep your home.

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Answered on 4/29/09, 7:41 am
Daniel Press Chung & Press, P.C.

Re: chapter 7 dismissed

You should ask your lawyer, or if you are not satisfied with that lawyer, consult with another lawyer. It may be a mistake, and even if not it may be fixable if you act quickly. We practice bankruptcy law throughout MD and would be pleased to assist if your lawyer can't or won't help you.

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Answered on 4/27/09, 2:57 pm
Daniel Press Chung & Press, P.C.

Re: chapter 7 dismissed

You should ask your lawyer, or if you are not satisfied with that lawyer, consult with another lawyer. It may be a mistake, and even if not it may be fixable if you act quickly. We practice bankruptcy law throughout MD and would be pleased to assist if your lawyer can't or won't help you.

Read more
Answered on 4/27/09, 2:57 pm


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