0
Yes -- you must be in that it can be petitioned and you need to be able to answer the court's questions.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
How do you remove a dismissal from your credit report?
If you are referring to a dismissal from a job, I do not think that should be there. I have never heard of the dismissal from employment being on a bankruptcy. I would consult an attorney on this.
When you file a Chapter 13 bankruptcy and it is dismissed you decide not to go on with it will this show up on your credit report?
The filing of a Chapter 13 SHOULD show on your credit report. The dismissal MAY show. Without seeing all three of your credit bureau files, there is no way to know for certain. You should obtain copies of all three reports from Equifax, Experian and Transunion. Dispute the appearance of anything having to do with a bankruptcy if you did not "go through with it".
Should you pay bill to company in chapter 11?
yes
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.
How do you withdraw a Chapter 11 bankruptcy filing?
You may not be able to withdraw a Chapter 11 filing. You should talk to your lawyer to determine the best course of action.
How long should it take to get an answer on a voluntary dismissal of a Chapter 7 bankruptcy?
Normally takes a week or so. It depends on if the Judge orders a hearing (which some do, some don't). If there is a hearing, normally a few days later there will be an order to dismiss.
When is summary dismissal give to an employee?
should be give out taking the employee for displinary hearing
How soon will a Chapter 13 voluntary dismissal request become effective?
The dismissal should be entered and the case dismissed within a few days of the time that you or your attorney submit it for filing with the bankruptcy court.
What should you do if an attorney you had filed a chapter 13 bankruptcy after you told him not to?
Request a voluntary dismissal of the BK 13, and find another attorney if necessary.
Why is a hearing scheduled for an order to show cause re dismissal when I was granted a motion to set aside default?
A hearing for an Order to Show Cause may have been scheduled to address any remaining issues related to the dismissal of the case despite the default being set aside. The court may want to ensure that all procedural requirements have been properly addressed before proceeding further in the case. It is important to attend the hearing and present any relevant information or arguments to the court.
Should both parents by California law be present or represented during a custody hearing?
yes
How do you remove a dismissal from your credit report?
If you are referring to a dismissal from a job, I do not think that should be there. I have never heard of the dismissal from employment being on a bankruptcy. I would consult an attorney on this.
If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?
A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.
What is a dismissal without prejudice pertaining to foreclosure in NC?
This means that the judge dismissed the foreclosure proceedings, but the bank can present the case again. You should get advice from a lawyer about your next steps.
I voluntarily dismissed my chapter 13 bankruptcy when will they stop taking the money out of my paycheck and will I get any money back?
You wont get any money back, garnishment should stop the next pay period after dismissal.
If Plaintiff wants a continuance in small claims court should the defendant consent or go for dismissal with prejudice?
Since most persons appearing there are without counsel, Small Claims Courts tend to be run in a fairly relaxed and informal manner. You may certainly ask the presiding judge, or hearing officer, for a dismissal of the action but don't expect it to be granted.
Do all heirs to an estate have the ritght to be present during all hearings?
Yes. You should receive a notice of the date of the hearing and you can attend.
