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If you filed chapter 13 in 1998 and it was dismissed by the court are you still liable to the creditors?
Wiki User
∙ 14y ago
"Dismissed" is different from "discharged". If you truly mean "dismissed" (i.e., without a discharge), it's as if you never filed; you still owe, assuming the statute of limitations hasn't run on the debt (that varies by state). That usually happens only if you didn't follow all the rules.
If you actually meant "discharged" (as normally happens at the end of a successful bankruptcy case, including Chapter 13), you don't owe. Technically, the debt still exists, but the discharge permanently enjoins the creditors in your case from enforcing it, thus effectively eliminating it.
Wiki User
∙ 14y ago
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Can a court case be dismissed by manipulated evidence?
yes it can be dismissed as it will be unfair to the offender to be found liable for the offence while the evidence was manipulated
What if your bankruptcy was dismissed?
You no longer have the protection of the Court or the BK laws, and creditors may oursue collection every legal way.
What will creditors do now that chapter 13 bankrupcty is being dismissed?
They are no longer barred from using all legal means to collect. they will call, mail, pursue, bring you to court, get judgements, seize and sell assets..whatever. What do you do to get paid from someone who owes you?
What does a creditors' committee do in a Chapter 11 bankruptcy?
court will appoint a creditors' committee, which generally consists of the seven largest unsecured creditors. Their function includes appearances at court hearings, participation in the plan of reorganization, and asserting possible objections
Can a credit card creditor attach a lien against your house after you voluntarily have your Chapter 13 dismissed?
Absolutely...you had the BK dismissed...the protection of the court is ended. Its as if it never happened. Creditors now have the right to all legal actions to collect. Including liens and even having the property sold. You can expect all creditors to become much more aggressive i collection actions now that you dropped your BK, as they anticipate you'll try and refile or go C7 soon.
What if the court dismissis your bankruptcy?
While it's possible you can refile (correct or amend whatever the problem was)...for at least while it is dismissed, you no longer have the protection of the Court from creditors and you can expect they will pursue collection vigorously.
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.
What does it mean for a bankruptcy to be dismissed?
"Case dismissed" means the same as any other time you hear it. Dismissed means that the case has no merit or means to go forward and that charges (in this case, the charge of bankruptcy) can not be proven or declared. The bankruptcy was not granted.
If your bankruptcy was dismissed due to failure to pay installments on time can you motion to reopen the same case even if the creditors continued to charge interestlate fees past the dismissal date?
You will need to file a new Chapter 13 bankruptcy, propose a new Chapter 13 repayment palnt and demonstrated to the Court's satisfaction that you have the ability to pay the plan payments.
What happens if your chapter 128 has been dismissal?
If a Chapter 128 case has been dismissed, it typically means that the debt repayment plan was not completed according to the court-approved terms. As a result, the individual is no longer under the protection of Chapter 128 and creditors may resume collection efforts. It's important to seek legal advice to understand the implications and explore alternative options for managing debt.
Can i get a chapter 13 dismissed and then claim a 7?
Yes, this is actually a common thing for people to do when they cannot maintain the strict payment schedule of a chapter 13 bankruptcy. 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. Keep in mind that these are different types of bankruptcy so some items that may not have been up for grabs to creditors with a chapter 13 are available to be sold in a chapter 7.
When filing chapter 11 can you choose to keep some creditors on your books with a balance?
Most probably...if the creditors and court agree and it is part of an acceptable reorganization plan. To be certain it really isn't your choice.
