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Does a debtor have any recourse when a chapter 7 case has been dismissed?
Wiki User
∙ 16y ago
Barring being able to prove fraud or such like...and that basically you didn't protest when you could (although that may not hae done anything either)....nope, It is a fete compli'.
Wiki User
∙ 16y ago
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If you are worse off in Chapter 13 than before you filed the Chapter 13 can you ask to have it dismissed?
Yes, but with new bankruptcy laws having been implemented it may prove somewhat difficult. The involved parties will need to prove to the trustee/court that they are unable to meet the obligation. More than likely the trustee will suggest the "13" be modified rather than dismissed. If the BK is dismissed the debtor loses all BK protection and creditors may pursue collection, repossession and lawsuits as the so choose.
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I heard that Gakuen Alice is only until chapter 127.Is it true?
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Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
Can you file a Chapter 7 bankruptcy after a Chapter 13 has been dismissed?
Yes. It is usually the only other option for a borrower. If not the creditor might seek legal recourse in the form of a lawsuit. Even though the idea of a lawsuit is "scary" it can be a better choice than BK, depending on circumstances of the borrower.
Can a chapter 13 bankruptcy that has been dismissed be discharged?
No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.
In South Carolina when can a chapter 7 bankruptcy be filed after a chapter 13 has been dismissed?
Two years after the date of the chapter 13 dismissal.
What options do you have to protect your property from creditors when a chapter 13 bankruptcy is dismissed?
Once a 13 is dismissed creditors can pursue collection by whatever means allowed under the debtor's state laws, this usually includes lawsuits. The only viable choice for the debtor is to protect as much real and personal property as possible before a creditor has a chance to file a lawsuit. If the debtor has not been served a civil suit summons they may still legally transfer property, remove themselves from bank accounts, and so forth.
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
If you are worse off in Chapter 13 than before you filed the Chapter 13 can you ask to have it dismissed?
Yes, but with new bankruptcy laws having been implemented it may prove somewhat difficult. The involved parties will need to prove to the trustee/court that they are unable to meet the obligation. More than likely the trustee will suggest the "13" be modified rather than dismissed. If the BK is dismissed the debtor loses all BK protection and creditors may pursue collection, repossession and lawsuits as the so choose.
Can you file a chapter 13 bankruptcy after a chapter 7 that has been discharged. if not how long must i wait?
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
How do I convert chapter 13 bankruptcy to chapter 7 myself What should be included in the motion to convert letter?
The debtor (or the debtor's attorney) can do this with a simple filing - usually an "Ex Parte Motion to Convert Chapter 13 to a Chapter 7." Providing the debtor's bankruptcy has not previously been converted already, the debtor/debtor attorney can do this without the permission or advance permission of either the bankruptcy judge or the Chapter 13 trustee that is managing the bankruptcy up until that point (hence, the "Ex Parte" part of the document). There are notice requirements - check with your local bankruptcy district to see who this needs to be mailed out to. Also, there is usually a small fee involved (it usually involves the debtor paying the difference in cost between a Chapter 13 and a Chapter 7 filing, but may be different - again, check with your local bankruptcy court). The debtor will be required to go through another 341 creditor's meeting with the new Chapter 7 trustee.
What is the difference between property of the debtor and property of the debtors' estate?
In a chapter 7, the debtor's estate consists of all property owned by the debtor which has not been exempted or is subject to a lien and has little or no equity. The trustee takes and sells the non-exempt assets that are not subject to a lien. If the debtor cannot pay the trustee the value of equity, the trustee may force the sale of the encumbered asset or the debtor will have to convert to a chapter 13.
If someone filed chapter 13 then converted to 7 can they refile a 13 as soon as the 7 is dismissed?
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge. I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by based on the circumstances of the case; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, a creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days if a Motion for Relief was filed in the prior Chapter 13 case (and I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
What year did the law change for bankruptcy on your credit report for 10 years?
The time limit for a discharged chapter 7 or 13 bankruptcy to remain on a credit report has always been 10 years. A dismissed chapter 7 wil remain 10 years, a dismissed chapter 13 will remain 7 years.
