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Motion to Withdraw Reference
I have a Chapter 13 in which I also filed an adversary proceeding to
challenge the mortgage loan, primarily on TILA/HOEPA grounds. I'm concerned
about being able to continue with the adversary proceeding even if the
Chapter 13 is dismissed. One of the main problems is that the secured debt
is over the limit. However, if I prevail on the TILA/HOEPA claims, and the
wrongful fees and charges are stricken, then the loan would be under the
limit. I'm not sure if the judge will let those issues be litigated prior
to ruling on the eligibility issue. Anyway, my thought was to withdraw the
reference and seek a TRO to enjoin foreclosure in case the Chapter 13 is
dismissed. Any thoughts or sample motions to withdraw reference? Thank
you.
Cameron H. Totten, Esq.
Law Offices of Cameron H. Totten
790 E. Colorado Blvd., 9th Floor
Pasadena, CA 91101
(818) 483-5795
(818) 230-9817 (fax)
ctotten@ctottenlaw.com
http://ctottenlaw.com/
Cameron Totten (ctottenlaw) on Twitter
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