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Chapter 20 - Notice to Close Case
I filed a chapter 13 case a few months after a chapter 7 discharge to permit the debtor to cure a default on his home mortgage and to stop a pending sale. In the chapter 7 the debtor had no equity in the real property, but in the interim BofA forgave two seconds so he now has over $100,000 equity in the real property.
The clerk just filed a Notice of Non-Entitlement To Discharge Pursuant to 11 U.S.C. Section 727(a)(8) or (9) which states that the "case will be closed 10 days from the date of mailing of this notice unless a written objection and request for a hearing is filed with the Court. If no such request is made, this case shall be closed pursuant to 11 U.S.C. Section 350 without further notice."
It sounds pretty straight forward that I file the objection to closing the case, attend the hearing, and then would hope the court keeps the case open for the debtor to cure the default (or permit him to modify the loan or sell the property).
Does anyone have experience to share here that might be useful? The judge is Hon. Julia W. Brand.
Thank you,
Link Schrader, Attorney
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
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