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If you in the 2nd year of a 5 year Chapter 13 bankruptcy and the court payments cannot be made will it be dismissed or reopened?
Wiki User
∙ 8y ago
Typically, if a debtor stops making Plan payments, the Chapter 13 Trustee will eventually file a Motion to Dismiss the case. The debtor will then have a short time in which to file an Objection to the dismissal if the debtor thinks he or she can catch payments up. If the debtor does not timely file an Objection, or if the debtor files an Objection but still can't get caught up, the Court will usually grant the Trustee's motion and dismiss the case. If a debtor knows in advance that he or she can't make payments, he or she can contact their attorney and see if they can get Plan payments suspended for a short time (maybe one to three months), or lower the amount of the payments by re-structuring the Plan. In some cases, conversion to Chapter 7 is possible. These options are complicated and should be discussed with an attorney. 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
RossLawOffice.com
Wiki User
∙ 8y ago
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If you voluntarily have a chapter 13 bankruptcy dismissed will your creditors be notified of the dismissal?
Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.
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.
Is there a time limit to reopen a chapter 7 bankruptcy?
No, there is currently no time limit to reopen a chapter 7 bankruptcy filing. However, it will be up to the bankruptcy court if the case is reopened.
Can a chapter 13 bankruptcy be dismissed if the petitioner dies?
Yes.
How do you remove a dismissed chapter thirteen bankruptcy from a credit report?
You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.
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.
Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
No
Is there anything you can do if your chapter 13 was dismissed after confirmation for failure to make payments on time?
No, except wait until the required time limit for refiling has expired and file another bankruptcy petition.
If debts are paid after bankruptcy with a post bankruptcy inheritance does the bankruptcy go away?
No once filed on file. * A dismissed or discharged chapter 7 will remain on a credit report for ten years. A dismissed or completed chapter 13 will remain on a credit report for 7 years.
When you file chapter 7 bankruptcy and the case was dimissed will this show up on my credit report?
Yes. It will show that you filed bankruptcy and that the bankruptcy was dismissed.
How long will a dismissed bankruptcy stay on your credit?
:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.
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.
