sell house after ch13 dismissal?

[Morgie]

My was late on my last payment to trustee and now my ch13 has been dismissed! My attny is filing a request for continuance but I cant see how I would get it....'the trustee has spoken' right? So how much time would I have to sell my house....i don't want to just let it go without trying to sell it first. I have 20k equity in it and would like to get some cash out of it. My attny rushed through my appt and wouldnt let me even talk....she already has all my money so I don't think she wanted to waste more time on me when there were firstimers in the waiting room with cash in hand.

[Minnymouth]

Are you saying that you missed the final payment on your Chapter13 and the trustee dismissed it??? OR you missed the last payment that was due right now?
Yes the Trustee can dismiss your case meaning you are back to square one still oweing all your creditors the full amount.......
Hopefully your attorneys actions will stop he dismissal.........

[Morgie]

5th payment into the plan

I began payments Oct 05 and was a week late in Dec and a week late in Feb. I'm going through the pre-stage of divorce with children and not much child support (until the court orders it but that's further down the road)
I was still in the beginning stage of the plan...no court hearing yet....my mortgage co. filed a motion for relief of stay in jan. don't know if it is/was granted yet, haven't heard but the trustee dismissed my case last friday. Saw my atty 3 days ago who wasn't very nice...and wouldn't give me a chance to ask questions...kept cutting me off midsentence...it was horrible to leave her office not knowing much more than I did going in. SHe did tell me to continue mailing in trustee payments and if they were returned to me...to resend them. I'm a month behind on the mortgage as of now but I have been paying steady since filing in Sept 05. I was 4 months behind when I filed....was on a medical lv from work for 6 months....UNpaid. Although I did have a job to go back to in August....I was barely making it. My health is fine now and I have a great job....but this ch13 dismissal is making the future look grim. I'd love to sell house, split profit with ex and move on.

[Minnymouth]

Morgie,
What your running into is making late payments to the Trustee................. and you can't do that in bankruptcy...
The Trustee controls your life until your bankruptcy is over...........
The Trustee is not a cc company or mortgage company that you can brush off..........no matter how hard times get..........
The Trustee can and will dismiss your case for late payments etc. no questions asked...... And he probably doesn't want to hear any excuses either.......
Call the Trustee, explain your situation and hope for the best......
More than likely you will be dismissed if not all ready....
Yes your attorney is PO'd with you.........

[Morgie]

Do you think I'll have time to sell my house before foreclosure (assuming the dismissal isn't retracted). If it takes months to foreclose then it seems like I would have time to sell but my atty said I cant put it on the market until she tells me I can. What am I waiting for?

[SinkingFast]

Depends on the State the house is located in. Foreclosure laws and proceedures vary State to State. Some are quick, others aren't. Some States will go non-Judicial because there's a "Right to Sale" clause in your Mortgage contract. Other States, Lenders always go Judicial.

You'll have to read up on your State's Foreclosure Laws and see what they say.