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The BK trustee usually waits until two payments have been missed and then files a Motion To Dismiss. There will be a time specified (usually 30 days) in which missed payments can be made up in FULL. If the amount owed is not presented before the time expires the 13 will be dismissed without further notice. If the filing is less than 60 months the trustee might agree to meet with the party involved to discuss possible modification of the BK plan.

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βˆ™ 2005-04-27 14:08:56
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Q: If you are behind with Chapter 13 payments is there anything you can do to prevent or stop a dismissal such as a payment for the past due amount?
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Related questions

Can a creditor or government agency automatically demand payment after a chapter 13 dismissal?


If behind on Chapter 13 payments can a dismissal be prevented or reversed if payment is made for past due amount?

It can't be reversed, but if it is dismissed without prejudice, you can refile a chapter 13 six months from the dismissal date. The best option is to meet with the trustee to discuss the problems with the schedule that the person now has to see if it can be modified.

How are chapter 13 bankruptcy payments determined?

Determined by taking your income and subtracting expenses- anything left over is the required payment.

Can you include your mortgage payment in chapter 13?

Back payments yes, forward payments must be kept current.

What happens to payments made to creditors during a Chapter 13 payment plan if you file for dismissal?

What do you think happens? The creditors have the money. They have to apply it to your debt balance, which will increase dramatically because they get to charge you for all the late fees, penalties and interest, not to mention any legal fees, that they could not add while you were in bankruptcy. I hope the dismissal was worth it.

What happens if you are late on chapter 13 payments in the state of Georgia?

If you are late on a chapter 13 payment you are at risk of having your case dsmissed. Please try to make payments on time and make payments up if you missed any due to a miscommunication.

Can your Chapter 11 be dismissed due to plan payments?

Chapter 11 is a corporate business bankruptcy where a reorganization plan is made while operating under protection. It is not a Chapter 13 with a specific payment plan.

If you are in a chapter 13 and quit your job can you get in trouble for that?

You can't really get in trouble for quitting your job. You will still have to make your payments whether you have a job or not. You may have to reconfigure your Chapter 13 payment plan.

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.

How do you get chapter 13 payment reduced due to financial hardship?

You would need to go back to the BK court and ask for a modification of chpt. 13 payments.

What is the ratio of 400 down payment to the amount of 1200?

400 down payments : 1200 = 1 down payment : 3 payments or 1/3 dp : 1 payment

Does social security payments count in figuring out the payment made to the bankruptcy court?

Social security payments are not a factor in the means test. However, they are a factor in terms of your budget and as to how much you have available to repay creditors under Chapter 13.

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