Asked in Bankruptcy for Georgia

Q: I filed chpt 13 bankrupcy to avoid foreclosure sell on house Tues. So had time to sell it. Can I still cancel bankrupcy

If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?

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2 Lawyer Answers
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: You don't say so, but it sounds as if you filed pro se, without counsel, and that's always dicey for a non-lawyer.

If you filed at least the minimum required documents (the Petition, a Certificate that you completed the approved counseling course prior to filing, and a full list of your creditors with claims, the bankruptcy case has already "gone through", a permanent record of your filing.

Speak to experienced bankruptcy counsel in your jurisdiction before you do anything more.

You can do a "liquidating Ch. 13", usually involving a sale of the house on or before a certain future date. In any event, unless your sale price is greater than the current (inflated) balance of the existing first and foreclosing mortgage, unpaid taxes and sheriff's cost of advertisement and sale, you will need the consent of the first mortgage holder to sell (a short sale). Bankruptcy counsel in GA may have additional thoughts.

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James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: In Georgia, as in other states, once you've filed for Chapter 13 bankruptcy, you have the option to dismiss your case voluntarily. To do this, you would typically file a motion to dismiss with the bankruptcy court handling your case.

The timing for canceling the bankruptcy can be critical and depends on the specifics of your situation, including whether a trustee has been appointed or if the plan has been confirmed. It's important to act promptly if you decide to sell your house and avoid the bankruptcy process, as there may be deadlines to meet.

You should consult with your bankruptcy attorney immediately to discuss the potential consequences and the process for dismissing your case. They can advise you on the necessary steps and help ensure that you meet all required timelines to avoid unnecessary complications.

Martha Warriner Jarrett agrees with this answer

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