this might show up as a duplicate, as the form reset when i hit submit.
I am in a chapter 13
bankruptcy in which I am under pressure to be converted to a chapter 11, but the reality is I really don't need to be in bankruptcy at all.
what is going on is ,I have an ownership interest in a property, and that propertywas set to go to foreclosure sale, and so I filed chapter 13 in order to prevent the sale.
despite the bank and foreclosure trustee
being noticed before the trustee sale of the bankruptcy they violated the stay and went ahead with the auction and it was purchased by a 3 rd party.
i shouldadd a couple small additional points.
Back on January 2 property was scheduled for trustee sale but because of our raising of several issues the lender rescinded the notice
of sale ,specifically ,and this is a direct quote from the rescission of the notice of trustee sale document,
5.) THAT THE TRUSTEE has been infomed by the Beneficiary that the Beneficiary desires to rescind the Notice of Trustee’s Sale, which was recorded inadvertently due to a failure to communicate timely notice of conditions which would have warranted a cessation of foreclosure proceedings;
nothing changed but then on February 14 they recorded a new notice of sale but did not notice anybody occupying the property nor myslef, a lienholder and ultimately the property was purchased for 2.6 million by third-party who immediately had it on the market and in escrow for 4.5 million not less than a week later.
I filed an adversary proceeding complaint askign for recision of the sale , and punitive damages, and the judge has initially granted our preliminary injunction preventing the third party from selling the property, and has in open court declared that the sale is void but has allowed for one more hearing on the matter next month .
it might be harmful for me to stay in the bankruptcy so iam wondering if i can withdraw from Chapter 13 case and still persist with the adversary proceeding? Or what is the route that I could take back which would allow me to get out of bankruptcy but still pursue the issues ?