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What happens if you file a chapter 13 bankruptcy and you cannot make the payments?
Wiki User
∙ 12y ago
The trustee can request the bankruptcy court to dismiss the 13, which would allow creditors to pursue collection of the remainder of the debt owed under whatever manner allowed by the laws of the debtor' state.
Wiki User
∙ 15y ago
Wiki User
∙ 16y agoThe trustee will ask the case be dismissed or converted to a 7.
The court will dismiss it unless you ask for it to be converted or catch up on your Ch 13 payments immediately.
Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
Wiki User
∙ 15y agoYour case will be dismissed and the creditors will pursue taking all of your good, garnishing your wages and anyway else they can get what is owed them, until it is paid off. Of course all fees, interest costs, etc. will be your too.
Understand, BK is something YOU filed and affords protection to YOU. It takes away the rights (and normally at least some of the right to receive what they provided and you agreed to pay for) of others. They would love to have back.
C-13 is a budget plan...live in the budget.
Wiki User
∙ 12y agoYour case is dismissed, and you lose all protection of the court.
You can expect your creditors to then act quickly and agressively to seize what they can and secure any assets and judgments they can.
Wiki User
∙ 15y agoI'm not sure how that would be possible...could you possibly mean C-13? A C-11 is a reorg, almost always for corporations only...there is no standard plan...nor payment issues...any reorganization plan submitted to the court is done with the agreement of the Creditors and Debtor (essentially) and must be done in such a way that it is essentially automatic and realizable. If the Debtor does something to disrupt the plan authorized by the court....well...other than perhaps being ciminally liable for not doing court directions (contempt, etc), the Court would likey force the actions in one way or another, as it basically already controlls everything to do with the Co. This would be a very uncommon event.
Wiki User
∙ 13y agoIn such a case you will lose the house- the only thing you can do is either dismiss your bk petition (if you filed merely to take of your mortgage) or you can convert to a chapter 7 (this would deal with any debt other than your mortgage). Otherwise the Trustee will dismiss your bk petition- which would allow creditors to continue collection efforts, and in the case of the mortgagee (i.e. lender)- to foreclose on the property.
Wiki User
∙ 13y agoA one time missed payments may be overlooked. If they are frequent, then the lender may file to lift the automatic stay. If you fail to make plan payments, you risk the BK being dismissed.
Wiki User
∙ 13y agoYou can either try to modify your 13 plan payments, convert to a chapter 7, or dismiss your BK.
Wiki User
∙ 12y agoThe the Trustee can file a motion to dismiss your bk.
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You are currently in a chap 13 bankruptcy can I change to a chap 7 bankruptcy?
You cannot change my bankruptcy, but you can convert your Chapter 13 to a Chapter 7. It happens frequently. You may want to check with your lawyer or an experienced lawyer since it can have unintended consequences.
What happens when someone you cosigned a mortgage for has filed for bankruptcy?
When you co-sign on a loan or mortgage for someone, you are promising to make the loan payments if they can't. When someone files for bankruptcy, they are claiming that they cannot make their payments. It would stand to reason that if someone you co-signed on a mortgage for files for bankruptcy that you would then be liable for making the payments.
Can you include back child support payments in a chapter 7 bankruptcy?
No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.
Can you file Chapter 7 bankruptcy on bounced checks?
No, you cannot.
Can a person file for ch 7 bankruptcy even though he is still in ch 13 bankruptcy?
Yes and no. No you cannot file for two types of bankruptcy at the SAME time. But yes you can file for chapter 7 bankruptcy if you were unable to complete chapter 13, which is very common. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of the debtor's property is now up for grabs to be sold off to pay his or her debts. However, if the debtor cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be his or her only option.
What happens to spousal maintainance and child support if the person files for bankruptcy?
Spousal support and child support debts cannot be discharged in a bankruptcy, so the ex spouse must continue to keep making the payments. Failure to do so can lead to a dismissal of the bankruptcy case.
How soon can you file a chapter 13 after you file a chapter 7 in Arizona?
Sometimes, a debtor who cannot meet the obligations of the payment plan imposed by Chapter 13 Bankruptcy may wish to switch to Chapter 7. This can be done once for any reason, without court approval. However, to switch back, approval of the bankruptcy court is required, and they will rarely allow a debtor to make multiple switches. Note that in switching from Chapter 13 to Chapter 7, much of your property is now up for grabs to be sold off to pay your debts. However, if you cannot make the payments under a Chapter 13 bankruptcy, switching to Chapter 7 may be your only option.
If your house goes back into foreclosure after you are making payments on a chapter 13 can you file pro se to stop foreclosure?
You are leaving out important information: when was the chapter 13 ended and why did it end? If the chapter 13 has not been closed or dismissed, the mortgage should not be in foreclosure unless you missed several post-petition payments and the mortgagee got relief from the automatic stay. You cannot have two bankruptcy filings open at the same time. If the chapter 13 was ended pursuant to a section of the bankruptcy code, you may be able to refile, but you may not have the benefit of the automatic stay. Consult a local bankruptcy lawyer.
Can you just declare bankruptcy on your home?
No. You do not "declare bankruptcy" ON anything. You declare bankruptcy when you cannot pay your bills as they come due. You must list all your assets and all your debts. What happens after that depends on which title you are filing under, chapter 7, 11, 12 or 13.
What can you do if you are in Chapter 13 bankruptcy but still cannot manage your mortgage payments?
The only viable option would be to discuss the matter with the lender and hope that an equitable agreement can be made. In lieu of such, the petitioner should contact the BK trustee to find out if the Chapter 13 can be modified.
Can I change the payment plan after I have already filed Chapter 13?
Many people struggle with keeping up with the strict payment plans that go along with the chapter 13 bankruptcy. Typically when you cannot keep up with your payments you should talk to the court and also consider the possibility of switching to Chapter 7.
If you file a chapter seven can you still get a passport?
You cannot be denied a passport for filing bankruptcy.
