InnoVest Resource Management's Foreclosure Forum

Discussion Board "Hands-On" Training Title Holding Trust Speaking Schedule Foreclosure Codes 50 State Foreclosure Basics Foreclosure Glossary Foreclosure Statistics 60+ Yrs Interest Rates Fillable Forms Archived Articles Dingbat Retirement Plan Links Contact / Map Home

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Getting a formal bankruptcy dismissal. Posted by Ward-CA- on January 24, 2003 at 8:47 AM In Reply to: tracking BK - automatic dismissal posted by Greg - CA on January 24, 2003 at 7:31 AM : Ward: : If we file the emergency case, and neglect to file the required schedules within 15 days, does the court actually place a document in the file (that we can see in Pacer) dismissing the case? : Or is it just dismissed by default, without any actual document saying so. : Thanks, : Greg =•=•=•=•=•=•=•=•=•=•= Greg, If you fail to meet the 15 day deadline to get the balance of your Chapter 13 bankruptcy petition filed with the Court, you are automatically dismissed as if you had never filed. The dismissal by default takes place pursuant to a rule rather than by an actual filing of a dismissal form. However, the court will provide you with a form requesting a voluntary dismissal, just for the asking. If you’d prefer to have the dismissal memorialized by the filing of a form, you can accomplish that by filing your request for dismissal with the intake clerk and asking that your dismissal request be forwarded to the assigned judge for his/her agreement and signature and return to you. Takes us about 10 days down here to get the signed dismissal returned to us for our files. You’d want the memorialized dismissal form that’s signed by a judge if you were attempting to prove to a title company that the owner is now free to sign a deed, transferring ownership to you, etc. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : : Ward: : : If we file the emergency case, and neglect to file the required schedules within 15 days, does the court actually place a document in the file (that we can see in Pacer) dismissing the case? : : Or is it just dismissed by default, without any actual document saying so. : : Thanks, : : Greg : =•=•=•=•=•=•=•=•=•=•= : Greg, : If you fail to meet the 15 day deadline to get the balance of your Chapter 13 bankruptcy petition filed with the Court, you are automatically dismissed as if you had never filed. The dismissal by default takes place pursuant to a rule rather than by an actual filing of a dismissal form. However, the court will provide you with a form requesting a voluntary dismissal, just for the asking. : If you’d prefer to have the dismissal memorialized by the filing of a form, you can accomplish that by filing your request for dismissal with the intake clerk and asking that your dismissal request be forwarded to the assigned judge for his/her agreement and signature and return to you. Takes us about 10 days down here to get the signed dismissal returned to us for our files. : You’d want the memorialized dismissal form that’s signed by a judge if you were attempting to prove to a title company that the owner is now free to sign a deed, transferring ownership to you, etc. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction.

Copyright © 1997-2002, InnoVest Resource Management
http://www.foreclosureforum.com

InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455