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Bankruptcy Law

How do you dismiss chapter 13?

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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.


What happens if you default on a chapter 13?

The the Trustee can file a motion to dismiss your bk.


What happens if you are in bankruptcy and then become unemployed?

If you are in a chapter 13, if you are no longer able to make plan payments, you must either convert to a chapter 7 or dismiss the 13.


What are your options if you are found in default of chapter 13?

You can try to get the court to approve a modified plan; you can convert to chapter 7; or you can dismiss your case.


Motion to dismiss has been withdrawn in chapter 13 is this good or bad?

It's good if you can and want to continue with the Chapter 13. There are situations in which it is better to get the 13 dismissed and start over, then it would be bad.


What happens when you default on your chapter 13 bankruptcy and your mortgage bank is going to foreclose?

You can either try to modify your 13 plan payments, convert to a chapter 7, or dismiss your BK.


After you meet with your creditors can you ask to be dismissed before your confirmation hearing?

If you are referring to the Chapter 13 plan confirmation hearing, then the answer is yes. In fact, you can dismiss your Chapter 13 bankruptct at any time.


What happens if you file chapter 13 and defaults on payments?

The trustee will file a motion to dismiss to get your BK case thrown out.


If you owe a thousand dollars to chapter 13 but are behind paying what will happen if you do not pay?

The trustee/bankruptcy court can dismiss the chapter 13. Creditors would then be able to pursue collection including filing a lawsuit.


Can you dismiss a current chapter 13 if your wages have been cut?

You can dismiss a chapter 13 at anytime for any reason under the bankruptcy rules. Bear in mind that there may be reasons why you filed the chapter 13 in the first place. For example to save a house that was in foreclosure or because you filed a chaptert 7 previously and were not eligible to file another one. So if you need to stay in the chapter 13 amd your wage situation is just temporary, you might be able to suspend or halt the trustee payments for anywhere from one to four months. Check with your attorney or trustee on how to do this. Additionally, if you are otherwise eligible, you may just want to convert your chapter 13 to a chapter 7 bankruptcy and receive your discharge now. So, depending on your needs and circumstances, you can dismiss your case, suspend the payment or convert it.


Can you dismiss a chapter 7 bankruptcy after you file it?

Yes


What if you can't dismiss a chapter 13 after paying into for 5 years because of a previous chapter 7 filed will creditors still try to hound you?

This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....


If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?

A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.


If you are in chapter 13 bankruptcy can you file for a voluntary dismissal to refinance your house?

I f that was the main reason for filing the c. 13, you can. Make sure the lender knows about the bankruptcy and you have a refi commitment before you move to dismiss.


What happens when you can't make your chapter 13 monthly payments anymore?

You can either convert to a c. 7 or wait for the c. 13 trustee to move to dismiss your case. You should discuss these options with an experienced bankruptcy lawyer.


Will it help your credit if you dismiss your Chapter 13 bankruptcy and start making payments to your creditors?

No, it will probably hurt your credit. The Chapter 13 is on your credit report for 7 years from the date the Order for Relief is entered, which is the day the case is filed. So, even if you dismiss it the credit hit from the 13 has already appeared on your credit (a 75 to 150 point drop). And, if you dismiss it, then all the creditors included in it suddenly come back to life and would start billing you, making your debt to income ratio worse. And, if you fail to pay them, then the late payments would make your credit even lower. Once a 13 is filed, it's best - creditwise - to finish it.


What happens if you dont pay after filing bankruptcy?

Assuming its a chapter 13 bk, if you dont make your plan payments the court will dismiss your bk- allowing creditors to resume collection efforts


How do you file a motion to dismiss a chapter 13 if you want to pay the creditors off?

The exact procedures will vary by the rules of your local bankruptcy court, but a Chapter 13 debt can voluntarily dismiss a bankruptcy at almost anytime. Where I practice law, the debtor just needs to complete and sign a one page form and submit a proposed order. Both are forms you can get from the local bankruptcy court. The website for your local bankruptcy court should have the forms you need.


Can you convert a chapter 13 to a chapter 7?

can i convert my chapter 13 to a chapter 7 if i filed a chapter 7 in 2005


Can a chapter 7 be filed with an open chapter 13?

A Chapter 7 can be filed with an open Chapter 13.


What happens if you default on the chapter 13 bankruptcy note?

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.


Can you change your bankruptcy filing from Chapter 13 to Chapter 7?

can you change your filing from chapter 7 to chapter 13 ?


How do you withdraw chapter 13 bankruptcy filing?

By not making your payment to the trustee. He will see you fell behind, and file a motion to dismiss your case. OR, pay back the entire amount you owe in a lump sum.


What can you file Chapter 13 on?

What is Legal to file Chapter 13 on ?


Can you ask for a dismissal from 13 before your court date because you want to sell your home and settle you debt?

A debtor can voluntarily dismiss a Chapter 13 at anytime. Before you dismiss the case, you might consider the option of refinancing your home and taking some cash out to pay off the Chapter 13 plan early. For example, let's say you have 2 years left on your Chapter 13 plan and it calls for 30% payment to the unsecured creditors. If you can find a willing lender, some bankruptcy courts will let you refinance the property to prepay the remaining plan payments and still discharge 70% of the unsecured debt. You should check with a bankruptcy attorney in your area to see if this is possible for you.


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