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    Peachielee's Avatar
    Peachielee Posts: 1, Reputation: 1
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    #1

    Dec 18, 2006, 04:08 AM
    Permission to Refi during chapter 13
    We live in New Jersey and we have refinanced our home and obtained permission from the trustee and the judge, but my lawyer is saying that it takes five days for the judge to sign the order. Why? I am currently in a Chapter 13 bankruptcy.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Dec 18, 2006, 06:55 AM
    Because judges are busy?
    nickynik's Avatar
    nickynik Posts: 2, Reputation: 1
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    #3

    Mar 23, 2007, 11:03 AM
    Do mind me asking what bank do you use to refinance? I am in the same situation and I feel like these banks are giving me the run around.

    Also, my lawyer told me that I did not need permission from the trustee or the court. I live in PA. Not sure is the law is different here.

    :(
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 23, 2007, 12:26 PM
    In a Chapter 13 you can not borrow any money or sell any property included in the plan without persmission of the Bankruptcy trustee.

    And many bankruptcy judges are not in chambers or in court all the time, they may be gone for a time each month or even cover two courts in smaller districts.

    And normally any re-finance would be from the same bank you are currently with, I doubt any new bank would take such a high risk.

    If you do it without the judges permission he can dismiss your chapter 13 and do it in such a way you can not re-file. Make sure your attorney gives you that in writing, so you can sue him if he is wrong.
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