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Missing Hearing

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Icon Mini Profile tica1203





Joined: 06 Mar 2010

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Post Posted: Sat Mar 06, 2010 2:10 pm    Post subject: Missing Hearing
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I am filing a chapter 13 and did not go to the hearing, because I was waiting for my first mortgage to be modified. I missed the hearing, but did get the 1st mortgage modified. the second mortgage filed to proceed with sale and for sanctions. And was granted my sale date was given for april 27. My atty says he could file a motion for extend and then file the chapter 13 again. Is this possible?? I wouldn't want to pay the atty more money and this not being possible??

HELP!!!
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

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Location: New Jersey
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Post Posted: Mon Mar 08, 2010 4:26 am    Post subject:
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As you did not go for the hearing, I guess your chapter 13 bankruptcy filing has been dismissed. You need to check out whether or not it has been dismissed. If yes, then you will have to refile it. In that case, I don't think the case can be extended. You will have to refile bankruptcy before the sale date or else the lender will proceed with the sale.
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