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Refinance before Confirmation?

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    Refinance before Confirmation?

    I have been paying on a 13 BK for 14 out of 36 months. It has not yet been confirmed. We are waiting on a state income tax transcript, however, federal is in.

    WellsFargo has offered a refinance of 7.75% on an original loan of 13.75% ARM from LittonLoan with cashout to pay off the bankruptcy. We have over 100K in equity.

    Problem: We are not yet confirmed and the Trustee called me back refusing to send a payoff quote...

    I have an appointment with the lawyer on Monday to discuss options.

    I can voluntarily dismiss the 13, right? Other suggestions?

    #2
    I am **guessing** the Trustee will not give you a pay-off because your plan has not yet been Confirmed. Even tho you've been paying for over a year now, you still don't have a Confirmed plan. For what ever reason.

    You do know that you have to get the Trustee's permission to do the refi, don't you??!! As long as your BK is still active, you cannot simply refi without the permission of the Trustee.

    Before you do something to have your BK dismissed, you should check with your prospective Lender, Wells Fargo, and see if the offer would still be good if your BK is dismissed. Could be, Wells Fargo is offering you some sort of special Lending Program for people in Ch 13 BK. If you have your BK dismissed, financing with this particular Lender thru this program may no longer be available to you.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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