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Question
If I went the full 5 yrs in the plan, but due to the decrease payment will mortgage company allow me to refinance with them and any advice as to how to erase debt with remaining creditors due to expiring/dismissed chapter 13?
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The text above is a follow-up to ...

-----Question-----
If my case is expired/being dismissed by way of subject above and my house was included can I refinance to fix up the home or just plain refinance and also, will I be able to  purchase a vehicle without the approval of the trustee or courts
-----Answer-----
If you are still in the chapter 13, you must get court approval to borrow any funds.  Once the case is dismissed, you can do whatever you want.

Answer
I have no idea if your mortgage company will allow you to refinance.  You will receive a discharge of your debts if you perform the terms of your Plan.  You may need to do a motion to modify your plan.  You really need to consult with your bankruptcy attorney on this as how you accomplish these things depends on the laws of your jurisdiction.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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