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Answered 2007-03-22 00:56:45

You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.

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What will happen where Chapter 13 bankruptcy is dismissed due to default in payments?

Many people are unable to maintain the rigid repayment plans (and strict budget) that go along with Chapter 13 bankruptcy. One option is to switch to Chapter 7 bankruptcy. This can be done (one time) without court approval, although if you ever wish to switch back to Chapter 13 then the court will be involved. Before switching I would recommend looking at the different characteristics of each type of bankruptcy.


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Bankruptcy Court Cases: Reasons to File a Bankruptcy Case?

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Can a person file for ch 7 bankruptcy even though he is still in ch 13 bankruptcy?

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Can you explain the role a defense counsel plays in criminal trials?

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How long after you file a chapter 13 can you file chapter 7?

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How do you start bankruptcy?

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Where are bankruptcies heard?

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What is difference between insolvency and bankruptcy?

They are basically the same. Insolvency describes a situation where the debtor is unable to meet his/her obligations. Bankruptcy is a legal maneover in which an insolvent debtor seeks relief. There are two types of individual bankruptcy. Chapter 7 is a "fresh start" in which all debt is forgiven. Chapter 13 is a plan in which debt is settled on the debtors ability to pay (and may be only a fraction of the debt owed).


Your car was repossessed because you was unable to make full payments. your bankruptcy lawyer said the terms of your bankruptcy discharge relieves you of that debt. Is this true?

An internet forum is NOT a good place to second guess your B/K attorney. Yes it is true


How long after filing a bankruptcy can you file again?

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What do you do when a case has being dismissed and after a month or two is back in the system stating a warrant arrest on inmate and can not get in contact with his lawyer?

If the case re-appeared in the system after being "dismissed' - that means it must have been dismissed "WITHOUT PREJUDICE." This means that the original charge was somehow legally faulty and the judge dismissed it. WITHOUT prejudice means that the prosecutor, after correcting the deficiency, can re-file the charge. If the judge had dismissed it WITH prejudice, the case could not have been re-filed. About your being unable to reach your attorney.... I cannot comment on that.


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What describes a bankruptcy?

a legal declaration that you are unable to repay your debts


How can one declare corporate bankruptcy in the UK?

To be considered bankrupt, a court has to issue a bankruptcy order against you. One can apply to the court for bankruptcy if they are unable to pay their debts.


Can you get an auto loan after filing for bankruptcy but before it is discharged?

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What is the difference from Chapter 7 Chapter 13 bankruptcy?

A chapter 7 bankruptcy is where the Court determines you are completely insolvent--unable to pay for your debts. If you add all income and then subtract all living expenses, and you have a negative or a zero, then you are insolvent. A chapter 13 is a scheduled repayment over a three year period. If you do the same calculations as before but have a number greater than 0, you are required to enter into a payment schedule with the Federal Bankruptcy Court. Over the course of three years, you have to pay the set amount to the court and they divide it to your creditors. At the end of that three years, your debts are cleared, even if the debt to creditors is still outstanding. However, one huge risk to a Chapter 13 is that if you miss your monthly payments to the Court, the Court has the right to nullify your bankruptcy and reinstate all your debts.


What is a Chapter 13 Lawyer?

A Chapter 13 lawyer specializes in a specific type of bankruptcy law known as Chapter 13. When filing for any type of bankruptcy, it is typically necessary to get in touch with a lawyer in order to make sure that the debtor is able to receive the maximum benefit from the proceedings. Generally speaking, it is usually better to work with an attorney who specializes in the specific type of bankruptcy that is being filed for. Chapter 13 bankruptcy can be thought of as a form of debt reorganization. This is opposed to liquidation, in which an individual sells off all of their assets in order to pay of the debts that they can. For individuals who can demonstrate an ability to pay off some or all of there debt, but in a different time frame than the original contract required, this may be a better choice. For those who are hoping to keep their property, such as their home and car, this is typically a better option than Chapter 7 bankruptcy. Both Chapter 7 and Chapter 13 bankruptcy are for individuals, not businesses, which typically file for Chapter 11. With Chapter 13 bankruptcy, you first must visit with a credit counselor and give information about all of your debt. A list of monthly expenses is also required. Any money that is left over will be used to pay off your existing debts. Debt to employees, taxes, child support, and so on take the highest priority. Second priority debts are secured debt, like car payments. Unsecured debt, like credit cards, comes last. When you file for Chapter 13, creditors can no longer take legal action against you. The Chapter 13 lawyer will field all calls regarding the debt. If you fail to file for bankruptcy before your home goes into foreclosure, your home can still be compensated. To qualify, the about of debt is limited. Generally, you can not owe more than $900,000 in secured debt and $300,000 in unsecured debt. You must be able to demonstrate that you can repay the debt. Have a Chapter 13 lawyer look over your information to ensure that it is possible for you to handle the payments. If you find yourself in a situation where you are unable to honor the new payment plan, the court may allow you to convert the Chapter 13 bankruptcy into Chapter 7 bankruptcy. At the end of the bankruptcy period, most of your debts will be erased, although child support, alimony, and student loans typically will still need to be repaid.


Can a landlord sue for damages and back rent after you filed for chapter 7 bankrupcty?

There is nothing procedurally that prohibits the filing of a suit against someone who has delared bankruptcy. The bankruptcy trustee will put that landlord on a waiting list with other creditors. Of course, the practical upshot is that the bankruptcy court may find that the debtor is unable to pay any debt - then, the LL is wasting time.


What is meant by voluntary bankruptcy?

Voluntary bankruptcy is when an insolvent debtor brings a petition to a court to declare bankruptcy because they are unable to pay off debts. This form of bankruptcy is meant to create an equitable settlement of the debtor's obligations.


What does bankruptcy allow congress to do?

Bankruptcy is a process where a business or an individual can declare themselves unable to pay their debts. Although Congress itself cannot declare bankruptcy, it formulates the laws that govern it.