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?

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

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