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Withdrawing From A Chapter 7 Petition

Discuss the legalities of Bankruptcy Law

Withdrawing From A Chapter 7 Petition

Postby calin » Sat Jan 18, 2014 1:22 pm

I reside in the state of NJ. Right after the meeting of creditors I thought that every little thing was fine but the trustee is now questioning the value of my residence on my scedule C. I had, at the request of my lawyer, a sales valuation done by a trustworthy actual estate firm. The schedule C valuation was based on this valuation. Now the Trustee wants to have my residence revalued. I would have never ever filed a Chapter 7 if I believed that my home would be placed in jepordy. Is it possible to withdraw my Chapter 7 filing or will the Trustee be opposed to this. Thanks for your assist with this.
calin
 
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Withdrawing From A Chapter 7 Petition

Postby Hanford » Wed Feb 12, 2014 3:36 pm

You should wait to see what the trustee says once they get their own valuation.  If your home is too valuable, you can move to convert to chapter 13 to pay back enough of your debt based on that valuation to protect your home.  Now, you can try to bring a motion to voluntarily dismiss the case, but that will be up to the judge, and the trustee can fight you(they represent all of your creditors)
Hanford
 
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