0
What if you can't dismiss a chapter 13 after paying into for 5 years because of a previous chapter 7 filed will creditors still try to hound you?
Wiki User
∙ 13y ago
This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
After you meet with your creditors can you ask to be dismissed before your confirmation hearing?
If you are referring to the Chapter 13 plan confirmation hearing, then the answer is yes. In fact, you can dismiss your Chapter 13 bankruptct at any time.
If you owe a thousand dollars to chapter 13 but are behind paying what will happen if you do not pay?
The trustee/bankruptcy court can dismiss the chapter 13. Creditors would then be able to pursue collection including filing a lawsuit.
What happens if you dont pay after filing bankruptcy?
Assuming its a chapter 13 bk, if you dont make your plan payments the court will dismiss your bk- allowing creditors to resume collection efforts
Are you able to dismiss one creditor out of Chapter 13 and leave the rest intact?
The adminstrator makes all such decisions. Not you. If the creditors claim is justified, he must be handled the same as all other creditors of his class...you can't single one out for special treatment...either no payment or payment in full.
Will it help your credit if you dismiss your Chapter 13 bankruptcy and start making payments to your creditors?
No, it will probably hurt your credit. The Chapter 13 is on your credit report for 7 years from the date the Order for Relief is entered, which is the day the case is filed. So, even if you dismiss it the credit hit from the 13 has already appeared on your credit (a 75 to 150 point drop). And, if you dismiss it, then all the creditors included in it suddenly come back to life and would start billing you, making your debt to income ratio worse. And, if you fail to pay them, then the late payments would make your credit even lower. Once a 13 is filed, it's best - creditwise - to finish it.
Can you dismiss a chapter 7 bankruptcy after you file it?
Yes
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.
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.
How do you file a motion to dismiss a chapter 13 if you want to pay the creditors off?
The exact procedures will vary by the rules of your local bankruptcy court, but a Chapter 13 debt can voluntarily dismiss a bankruptcy at almost anytime. Where I practice law, the debtor just needs to complete and sign a one page form and submit a proposed order. Both are forms you can get from the local bankruptcy court. The website for your local bankruptcy court should have the forms you need.
What are your options if you are found in default of chapter 13?
You can try to get the court to approve a modified plan; you can convert to chapter 7; or you can dismiss your case.
Can you ask for a dismissal from 13 before your court date because you want to sell your home and settle you debt?
A debtor can voluntarily dismiss a Chapter 13 at anytime. Before you dismiss the case, you might consider the option of refinancing your home and taking some cash out to pay off the Chapter 13 plan early. For example, let's say you have 2 years left on your Chapter 13 plan and it calls for 30% payment to the unsecured creditors. If you can find a willing lender, some bankruptcy courts will let you refinance the property to prepay the remaining plan payments and still discharge 70% of the unsecured debt. You should check with a bankruptcy attorney in your area to see if this is possible for you.
What happens if you are in bankruptcy and then become unemployed?
If you are in a chapter 13, if you are no longer able to make plan payments, you must either convert to a chapter 7 or dismiss the 13.
