Technically, a "dismissed" Chapter 7 case does NOT discharge your debts; but you say "debts were dismissed", so I assume it's a true discharge (like most bankruptcies).
If you mean "won" as in winning a sweepstakes or lottery, the trustee can't touch it since you weren't legally entitled to it when you filed. However, if you won a lawsuit over something that occurred before you filed, it should have been included in your estate; unless it was exempted in your filing (rare), the trustee is entitled to it.
If your Chapter 13 was dismissed, meaning you did not complete your Plan, then you are essentially right back where you started before you filed for bankruptcy. The creditors can pursue you for the debts without any legal ramifications.
The debts are still valid and creditors can continue with collection procedures including, in most cases, a lawsuit.
Only with approval of your trustee. Apparently your able to pay your debts as well as buy new stuff?
You have to tell the trustee about your windfall. Your never barred from paying your debts....everyone wants you to...you just didn't!
The Order from the judge is final. It does not matter what the Trustee has to say. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
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 it pertains to a chapter 13, the trustee receives the payment amount stipulated in the approved BK, and disburses the funds in accordance to debt priority. Chapter 13's are more expensive than "7's" because of the additional work involved in the payment and accounting of debts.
The debtor has not been paying its bona fide debts as they become due
A chapter 13 is a consolidation bankruptcy meaning the debtor presents a repayment schedule to the trustee/court. Secured debts are either reaffirmed or continued paid as agreed if there is not arrearages. Voluntary forfeiture of secured property such as a vehicle is still considered a repossession.
The tax refund goes into the bankruptcy estate. If your chapter 7 filing did not exempt the refund, the money will be used to pay the trustee and to pay your debts pro rata. That is, each creditor gets an amount equal to the percentage the debt is to the total indebtedness. You are not likely to get anything back, but if all the debts are paid off 100 per cent and the trustee is not entitled to any more money, the balance will be paid to you. The trustee should have decided what s/he is going to do. If you have a lawyer, s/he should discuss it with the trustee. You can also talk to the trustee or your case manager. I doubt you will get any of the refund, but make sure to stay on top of the issue and get notices of any trustee motions regarding these funds.
This is possible. When you do a Chapter 13 refi you are ususally refinancing your 1st, 2nd, etc, liens on you title and the outstanding debts held by your trustee. So if on your your charge sheet is a debtor lets say his name is XYZ you pay him off and everyone else on your list this takes you out of 13. Hope that answers that question
While involved in a Chapter 13 repaying of debts the debtor must receive permission from the bankruptcy trustee in charge ofthe casefor all major financial transactions.