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Will closing be delayed?

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    Will closing be delayed?

    My chapter 7 business case was discharged last week. Right before it was discharged two of the lenders on the rental properties I am surrendering filed motion for relief of stays which I understand is normal. The BK court set hearing dates, which were not attending because were surrendering the properties.

    My question is will the closing be delayed until after the judge grants the motions? Or are the motions now pointless because the houses were included in the discharge and now the lender can start their process of getting the houses in their name?

    I just want the case closed because I want even less of a chance the trustee will take my 2008 tax return which so far she did not ask for.

    #2
    Anybody? Thanks

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      #3
      Originally posted by akame5150 View Post
      My question is will the closing be delayed until after the judge grants the motions? Or are the motions now pointless because the houses were included in the discharge and now the lender can start their process of getting the houses in their name?
      Your legal situation is an complex one, so that's the likely reason you haven't gotten responses so far.

      Although your discharge will stand because you are surrendering the properties, I believe that your case will not close until the bk court hears the two objections and rules on them. Sorry - I know it's not what you wanted to hear. But from your perspective, discharge is what you want, and you have that. Let the courts fight out the rest of it and instead focus on plans for your fresh new financial start!
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        Thank you very much for your time. I am definitely grateful for the discharge. I am just hoping to be able to keep my tax refund.

        If the trustee wants it she can have it. At least I have my discharge.

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          #5
          My closing date took longer then normal because of the filing of the motions for relief of stay. Once the mortgage co retracted the motion, my case closed. They filed it prematurely (my case closed and what they didnt see what that if it is closed they dont have to file the motion and could have proceeded with foreclosure process, so it reopened my closed case, they retracted the motion, and then it closed (again).
          Don't take my word for it, I'm just sayin'

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            #6
            Very interesting. Thanks for the info. The creditors seem to spend more time and money than necessary

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