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If you owe 1600 and only pay 600 will trustee still dismiss your case?

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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.

The trustee will file a motion to dismiss to get your BK case thrown out.

By not making your payment to the trustee. He will see you fell behind, and file a motion to dismiss your case. OR, pay back the entire amount you owe in a lump sum.

When you want a court to do something, you make a motion. If you make a motion to dismiss, you move to dismiss. If I moved to dismiss, I'm asking the court to dismiss whatever case is in front of me.

What does this mean in the case of a divorce? NIC - Notice Of Placement Of The Case On Inactive Calendar And Of Intent To Dismiss Your Court Case

YOU cannot dismiss your own case. A dismissal can only be granted by a judge. You must pay your attorney for any work that he does on your case.

Dismiss "with leave" means the case is dismissed, but the plaintiff may re-file to (hopefully) fix whatever was incomplete or otherwise lacking in the original filing. Dismiss with leave is contrasted with dismiss on the merits, which means the case is dismissed and the plaintiff may not re-file. Thus the plaintiff has lost the case.

If the court has already confirmed the chapter 13 plan then the money already paid is distributed to the creditors. Basically, since the case was not discharged, you still owe the debt, so you made payments towards the debt while in bankruptcy. If the plan was not yet confirmed by the court, the money is returned to the debtor by the trustee save for a small amount for the trustee's expenses (trustee would ask for this in his motion to dismiss). Money would not be distributed to creditors by the trustee until after the proposed chapter 13 plan is confirmed.

That's 75%, which is a C in usaul terms, but in this case it doesn't work on that scale. Still, 1600 is around a low average.

You can either convert to a c. 7 or wait for the c. 13 trustee to move to dismiss your case. You should discuss these options with an experienced bankruptcy lawyer.

Bring your grievance before a judge.AnswerIf you are the plaintiff or petitioner, you may dismiss your case. If you are the defendant/respondent, you can move to dismiss, but if the case has merit, the case will continue until the plaintiff dismisses it. You may settle with the plaintiff to dismiss the case.If you are not a party, for example if you are the child in a custody case or if you are the victim in a criminal case, you have no standing or control, and cannot do anything.

No. If you are the plaintiff (i.e.: civil case), you can dismiss your case at any time. If you are the defendant, you would have to settle with the plaintiff for them to dismiss the case. In a criminal case, it the statute has a fine schedule associated with it, you may be allowed to do so, or the state may agree to dismiss your case in exchange for something they need, or will allow you to plead guilty to avoid trial.

You can present a motion to the court to dismiss your case - the judge will decide if it's 'with prejudice' or not.

Only the trustee handling the case can answer that. It is at the descretion of the trustee of who, how, and when to allocate the assets.

no the plaintiff can not be sued after the case was dissmised by settalment

If you are paying less than 100% of your debt to creditors, then you were required to at least give a portion of the refund to the BK Trustee (since it is considered income). The fact you made plan payments is irrelevant. If you had some unforseen expense come up- it would have been better to discuss this ahead of time with the Trustee. Your lawyer SHOULD have made you aware of this possibility. If you have no lawyer, you will still be held responsible for following BK law/procedures. So now it is up to the Trustee, either he will overlook this if you make higher payments (to make up for the tax refund money the Trustee did not receive) or he can ask the court to dismiss you BK (the court doesnt automatically dismiss a case, a party has to file a motion with the court). If your BK is dismissed, you will NOT be given a refund/credit for any plan payments made.

If there is (1) more than one trustee; and, (2) the trustee-beneficiary cannot act as trustee unilaterally; and (3) the other trustee is not a beneficiary of the trust, yes. If the the trustee is also designated the beneficiary, the trust fails as illusory.

In such a case you will lose the house- the only thing you can do is either dismiss your bk petition (if you filed merely to take of your mortgage) or you can convert to a chapter 7 (this would deal with any debt other than your mortgage). Otherwise the Trustee will dismiss your bk petition- which would allow creditors to continue collection efforts, and in the case of the mortgagee (i.e. lender)- to foreclose on the property.

No, it is not. Dismiss is a verb, which can mean release (a class, a subordinate) or ignore (a threat, a court case), or terminate, fire (an employee).

Assuming this is a Chapter 13 and you're taking about the Plan payments, you should talk to your lawyer or a bankruptcy lawyer about your options. The trustee will move to dismiss your case if you do nothing, and then your creditors will go back to foreclosing or suing you. You may be able to put the Plan on hold for up to 6 months. You may be able to amend the Plan to lower the payments.

If a case is "Nolle Prosequied" by a prosecutor, that is considered a "dropped" case. A dropped case is different from a dismissed case. Only a judge can 'Dismiss" a case.

A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.

If it is being used as the title of the motion, it is; to wit: Motion to Dismiss. If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."

No. A person cannot dismiss a judge. However, a person can request a judge remove herself from the case if they have a good enough reason.

Probably not. In fact, if you're in Chapter 13 it might get your case dismissed as most new debt must be approved by the trustee; they certainly won't approve payday loans. Your best bet may be to dismiss the case voluntarily, then re-file with the loan included.

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