QUESTION
Can I simply go down to the bankruptcy court and get a form to withdraw case for Chapter 13 filing?
Asked on Oct 09th, 2012 on Bankruptcy - Colorado
More details to this question:
Need to do short sale closing on 19 October. Can I get Chapter 13 filed on October 2 withdrawn in time?
7 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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Why would you do a short sale? You really need to talk to your bankruptcy attorney. If you do not have one, then find one. The choices you are making now may not be the best for you in the long run.
Answered on Oct 14th, 2012 at 12:35 PM
You need to contact your attorney.
Answered on Oct 11th, 2012 at 5:43 PM
Bankruptcy Attorney serving Myrtle Beach, SC
at
Law Office of Margaret L. Evans, PC
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- you should be able to do that
Answered on Oct 11th, 2012 at 5:43 PM
The "form" you want is to voluntarily dismiss your Chapter 13 case, although I am not sure whether there is a pre-printed form that will accomplish this goal. Since this is a motion that must be granted, it might be possible to have the judge sign the order before your deadline. You will need a form for the order as well as one for the motion.
Answered on Oct 10th, 2012 at 5:57 PM
These are general answers because you appear to have a lot going on. I doubt that 10 days will be sufficient to obtain a withdraw because it takes time for the court to approve it. Bankruptcy stops any foreclosure process. You need to be careful because a short sale does not relieve you from liability on any deficiency resulting from the difference between the mortgage amount and sale price (plus legal fees). You would be liable for any deficiency without the bankruptcy protection. I suggest that you contact a lawyer fast.
Answered on Oct 10th, 2012 at 5:57 PM
Daniel James Wilson
Not enough information to address your question, but why do a short sale? Benefits no one but realtor.
Answered on Oct 10th, 2012 at 5:56 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Why would you need to withdraw? Just have counsel make a Motion on short notice to approve the short sale under 11 USC 363.
Answered on Oct 10th, 2012 at 5:56 PM