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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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If a Chapter 13 case is dismissed and a Motion to Set Aside,

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If a Chapter 13 case is dismissed and a Motion to Set Aside, will Mortgage companies "reset" a modification that was previously in motion prior to the filing of the Chapter 13?
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

When the case was dismissed, the court no longer had jurisdiction to rule on the mortgage company's motion. LIkewise, if the case is reinstated, the bankruptcy stay goes back into effect. As a result, the mortgage company's motion needs to be refiled and is not reset.
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