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Guest

my question is when you are dismissed from your chap 13, what takes place in the courtroom when there is a motion to be dismissed? i have in the meantime refinanced and i have to go to court tomorrow to get the bankruptcy dismissed by the trustee from the judge and get his ok to continue with the refinance disbursments. do you see any problem doing so.

Guest

your insight into this is very much appreciated since i am going to court in the am

shane · Posted: Thu Jan 10, 2008 10:15 am Post subject:

You have to get the BK dismissed in order to proceed with the refinance? That doesn't sound right. Or are you saying that the refinance is complete and now you want to dismiss the BK? Are you referring to discharging the BK? Since it's a Ch 13 BK, and you refinance and are mentioning "refinance disbursements", was this a "BK buyout" refinance you did? A BK buyout refinance pays off your existing mortgage as well as the creditors being paid on during a Ch 13 BK repayment plan... which if it pays all of them off, you should be going for a discharge and not a dismissal.

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dismissal of chapter 13