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bk-13 dismissing case sua sponte.

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    bk-13 dismissing case sua sponte.

    on 12-08-15, automatic stay terminated, foreclosure sale on 12-22-15. all this after been paid 31 of 36 payms. of trusste plan, mediation fee paid. no mediation, no modification on mortgage. attorney been paid more than $ 5,000.00. creditor and legal group in content to court. manipulation of dates on paper work.

    #2
    I know that you know what you are talking about, but the shorthand message you gave explains nothing, or asks a question. How may we try to help you?
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      like I said before, judge of middle district of fl. orlando division dismissed mine bk-13 ( I do not believe this helping me). the effective datet delayed 14 days to permit to file a notice of conversion ???. talking with former attorney, told me that a have to file bk-13 of course after more money for him. now if the creditor and their legal group where in content to court (denied modification without mediation- fee being paid) , why I got to be the guilty one in this situation?. call the foreclosure depart. for lake county on the date of foreclosure sale, a lady told that the property when back to the creditor,it was not sold in auction ?

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        #4
        What is your QUESTION?
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          We'd be happy to answer any question that you have. We just don't understand if you're asking a question. It reads as though your case was dismissed. However, you haven't asked what you need to do, whether you are currently represented (by an attorney), and what you plan to do.

          Parsing through things, I don't think the sale was valid if the order was 12/8 and the sale date was 12/22? Are you in Lake County Florida? That seems very strange to get a sale date 14 days after a Chapter 13 was dismissed (since Florida is a judicial foreclosure state). That means that the creditor would already have had a "relief from stay" (RFS) granted much prior to that date and/or had already started foreclosure procedures much earlier. (Because Florida takes at least 365 days if you file an answer to the complaint for foreclosure -- a/k/a Lis Pendens.)

          Mediation is not binding on any party going to mediation. I still don't think this was just a 14 day affair. You would need to hire an attorney to maybe reinstate your case (why are you waiting) if there was some deficiency in your case (where you making payments? did you not comply with the Trustee on taxes or something else?).

          You really need legal representation because you have many things going on that absolutely make no sense unless your case was dismissed for cause (you missed payments, didn't comply with Trustee, didn't pay taxes, etc).
          Last edited by justbroke; 01-03-2016, 11:43 AM.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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