Legal Question in Bankruptcy in Arizona

Dismiss/ filed same day

An order from the trustee in my chapter 13 bankruptcy case

was to dismiss because of failure to make payment on time.

After I submitted a motion to reinstate my amended chp13 plan, schedules I and J (plan was not approved yet) and made payment, the trustee submitted an order to set aside the dismissal and order vacated. Trustee also stated motion of order dismissing case is hereby withdrawn. Dated March 19 and

filed March 20. The judge signed the order of dismissal

on March 20 same day trustee filed his order to set aside dismissal. So my case was dismissed and for a short time then

it was reinstated on April 7 from the order to set aside the dismissal. Just prior to this dismissal my mortgage company

just approved of my amended plan and agreeed that I did not have to pay foreclosure fees for when they filed a trustee

sale just after I filed my petition for bankruptcy. Well

the mortgage company filed a trustee sale again during this

time frame of dismissal. Since the case has been reinstated,

how does that affect the trustee sale, is it invalid?

I could not afford a lawyer and I couldn't afford to lose

my home so I went into this bankruptcy representing myself.


Asked on 4/10/03, 4:53 am

1 Answer from Attorneys

Gerd Zimmermann zimmermann nielsen & colleagues

Re: Dismiss/ filed same day

You are fine the mortgage company will goe with your chapter 13 filing

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Answered on 4/10/03, 7:16 am


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