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Approximately 1 year ago I filed for Chapter 13 Bankruptcy

Customer Question

Approximately 1 year ago I filed for Chapter 13 Bankruptcy (pro se) and it was approved. When I submitted all of the required filings, I also filed a motion to avoid a lien (2nd mortgage) on my home, but after the filing, I decided not to move ahead with it. The problem is, I never submitted a motion to cancel the original motion to avoid the lien and now, one year later, the Chapter 13 Trustee is filing a motion to dismiss my case based on the fact that I never followed through with filing for a separate adversary proceeding to avoid the lien. How do I go about responding to the motion to dismiss, and stating that I no longer want to avoid the lien? So what would be the appropriate mechanism for responding?

The full language in the motion to dismiss is:

"Violation of 11 U.S.C. 1307(c)(1) - Unreasonable delay by Debtor which is prejudicial to the rights of creditors under this Chapter 13 Plan.

Pursuant to the confirmation order entered on September 8, 2009, a separate adversary proceeding has not yet beenfiled to voin the lien of "X".

Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one.)

If you do not wish the court to grant the relief sought in the motion, or if you want the court to consider your views on the motion, then on or before five business days prior to the hearing date, you our your attorney must:

File with the court a written response with supporting memorandum as required by Local Bankruptcy Rule 9013-1(H). Unless a written response and supporting memorandum are filed and served by the date specified, the Court may deem any opposition waived, treat the motion as conceded, and issue an order granting the requested relief without further notice or hearing.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 4 years ago.

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