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Motion to dismiss has been withdrawn in chapter 13 is this good or bad?
Wiki User
∙ 13y ago
It's good if you can and want to continue with the Chapter 13. There are situations in which it is better to get the 13 dismissed and start over, then it would be bad.
Wiki User
∙ 13y ago
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If you filed Chapter 13 but it was withdrawn and dismissed how do you get this removed from the CRA's since you did not go bankrupt?
You can't get it removed. It will stay on there for 10 years and that is just a consequence of filing for bankruptcy. You can write to the credit reporting agencies to have the entry changed to reflet that it has been dismissed.
If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?
You can't get it removed. It is a public record. If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report. Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed. Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.
Can you refinance during Chapter 13 without creditors taking your money if their debt has been satisfied?
Yes. It certainly depends on how long you've been in the chapter 13. Most states say if you have been in the chapter 13 for more than 3 years, you will only have to pay back a percentage of the original balance of the bankruptcy. If you have been in the bankruptcy for less than 3 years, most states make you pay back the bankruptcy in full (100% of the original claims). If a creditor was included in your bankruptcy and they have been paid, you may refinance out of the bankruptcy without the creditors taking your money. Some things to keep in mind: in order to refinance, you have to be granted a "motion for post-petition financing" from the courts. This can take up to 2 months. Once that is granted, your refinance can be completed. Most people have an approval on their loan with a new mortgage company with the only stipulation being that the motion is granted by the court so that there is essentially no lag-time.
Can you become current on your mortgage payments after a motion of relief has been requested from the courts to avoid foreclosure during Chapter 13?
Generally, yes. Have your Attorney contact the attorney for the other side and discuss the situation. Most of the time, you can object to the motion and work something out the week before the hearing. Word of advise... Make sure you have an attorney. The attorney for the bank does NOT want to hear from you personally.
If someone filed chapter 13 then converted to 7 can they refile a 13 as soon as the 7 is dismissed?
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge. I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by based on the circumstances of the case; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, a creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days if a Motion for Relief was filed in the prior Chapter 13 case (and I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. 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.
Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
Withdrawal of a motion to dismiss?
After a plea has been made you need to make a request to the court to have it removed. However, the court can only withdraw motions to dismiss if the matter has not already been ruled on by the judge.
Can a divorce decree be reversed before it becomes absolute if your spouse has a change of heart?
Generally, if the decree absolute has not yet been entered you can file a Motion to Dismiss and the Judgment will be undone. The law varies in different jurisdictions. You should contact the court immediately.Generally, if the decree absolute has not yet been entered you can file a Motion to Dismiss and the Judgment will be undone. The law varies in different jurisdictions. You should contact the court immediately.Generally, if the decree absolute has not yet been entered you can file a Motion to Dismiss and the Judgment will be undone. The law varies in different jurisdictions. You should contact the court immediately.Generally, if the decree absolute has not yet been entered you can file a Motion to Dismiss and the Judgment will be undone. The law varies in different jurisdictions. You should contact the court immediately.
What does case dispoed mean?
Case disposed means that a case has been dismissed, withdrawn or resolved. The judge that presides over the case has the power to dismiss or resolve the case.
What is a notice of withdrawal of plaintiffs motion for partial summary judgment?
It means that their notifying you (and the court) that their motion agreeing to partial judgment (as initially awarded by the court) has been withdrawn. Apparently, they have decided that it is not in their best interest to accept it.
How can i use the word withdrawn in a sentence?
Your entry has been withdrawn due to an investigation of plagiarism.
When is Chapter 13 bankrupcty discharged?
After the Chapter 13 plan has been successfully completed and the Trustee so certifies. Some courts require filing a motion or request for a discharge.
Can you dismiss a current chapter 13 if your wages have been cut?
You can dismiss a chapter 13 at anytime for any reason under the bankruptcy rules. Bear in mind that there may be reasons why you filed the chapter 13 in the first place. For example to save a house that was in foreclosure or because you filed a chaptert 7 previously and were not eligible to file another one. So if you need to stay in the chapter 13 amd your wage situation is just temporary, you might be able to suspend or halt the trustee payments for anywhere from one to four months. Check with your attorney or trustee on how to do this. Additionally, if you are otherwise eligible, you may just want to convert your chapter 13 to a chapter 7 bankruptcy and receive your discharge now. So, depending on your needs and circumstances, you can dismiss your case, suspend the payment or convert it.
Which antipsychotic that has been withdrawn due its cardiac toxicity?
Thioridazine.
What does it mean when a criminal case is terminated?
It simply means that it was brought to an end.Added: However the adjective "terminated" has no legal meaning or significance.It is the method, or reason by which the trial was terminated that is important to know, before any informative answer can be given.
Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
What Indian coin has been withdrawn by the government on 2011?
10 & 5
