I was given a choice to extend or file my Chpt. 13 plan in a timely matter or my case will be dismissed without any notice.
I took an extension. The reason: I would file for permission to sell my house when I have a buyer and escrow # as required. The status is "tentitive to dismiss". Does that mean any day now? or I would have time to file for permission to sell my house?
You will not have enough time to gain permission to sell the house and complete the sale before the case is dismissed. The smart move is to file the Chapter 13 plan which will provide enough time. However, if you are having difficulty with the plan you should seek the assistance of a qualified bankruptcy attorney. Chapter 13 plans are complicated especially when real estate is involved. Additionally, you have to submit a Motion to Sell and an Order. To put it in an acceptable format for Court approval might take you more than one try. If your sale is time sensitive, using a bankruptcy attorney could insure you do not lose the buyer. If you don't have a buyer then you better get an attorney because the Court is not going to wait for you to get one.
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If you do not file the plan and make good faith payments the case will be dismissed even if your ultimate intent is to sell the home.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
You have to file a plan within 14 days of the filing of a Chapter 13. If you don't you need to extend the time to file the plan. It appears that you got an extension to file a plan, but that there is still a motion to dismiss for failure to file a plan. Chapter 13 is rather complicated and you may need an attorney. There are a number of issues here such as good faith, and actually being able to reorganize that you should speak with an attorney about. A Chapter 13 is complicated and you really should get an attorney to help you. Hope this helps...
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