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What if your chapter 13 case is dismissed because you are behind on payments?

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2005-10-15 16:28:18
2005-10-15 16:28:18

If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.

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only in chapter 13, you cannot use chapter 7 to catch up on past payments.

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It can't be reversed, but if it is dismissed without prejudice, you can refile a chapter 13 six months from the dismissal date. The best option is to meet with the trustee to discuss the problems with the schedule that the person now has to see if it can be modified.

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It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.

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Of course YOU WILL LOOSE YOUR HOUSE IF YOUR BEHIND ON PAYMENTS.

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Usually they aren't that nosy because it doesn't apply to them.

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As long as you continue to pay your car note, PROBABLY not. Do not, fall behind on your payments though, ot it WILL be re-possessed.

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The lender has the right to initiate forclosure proceedings. A chapt. 13 does not restrict the rights of a secured ldender.

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The BK trustee usually waits until two payments have been missed and then files a Motion To Dismiss. There will be a time specified (usually 30 days) in which missed payments can be made up in FULL. If the amount owed is not presented before the time expires the 13 will be dismissed without further notice. If the filing is less than 60 months the trustee might agree to meet with the party involved to discuss possible modification of the BK plan.

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If you fall behind on payments you may often receive late charges.

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Only if you stopped making payments and are behind on your on your payments.

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If you are behind in your payments and you declare bankruptcy usually you can remain in your home and continue payments. However the lender will most likely begin foreclosure since you can't afford it and you are at higher risk.

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No. Section 523(a)(5) of the Bankruptcy Code prohibits debtors from receiving a discharge of spousal and child support obligations. If yuou are behind on payments, you can spread out the payments over time in a Chapter 13 bankruptcy. No, you cannot even touch child support, afraid you have to pay, pay, pay and pay.

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No. You can file any time. You actually don't even have to have any debt to file. Anyone can file anytime as long as you meet the minimum reqirements for each chapter.

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You can start making your payments on time and avoid accidents

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if you are behind on payments then yes they can

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You absolutely can trade in your vehicle even if you are behind on your payments. When you trade a vehicle in the dealership you are purchasing from pays off your previous loan in full, so being behind on your payments will not affect anything other than the total amount due on your car. Of course when the new dealership runs your credit report it will probably reflect that you are currently behind and will also show how many months you are behind.

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Depending on how many payments your behind. If you are behind a great margin I think they would to try to make back the money lost but if you're one or two payments behind they will give you a chance to catch up and if you fail to make any payments after they contact you they will sell.

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If the house is headed for foreclosure, anyone on the title and the mortgage is facing foreclosure, not just one of the owners. If the daughter was responsible for the mortgage payments by agreement with her grandmother, and got behind in payments, she may be able to pull the mortgage out of foreclosure by a Chapter 13, if she can afford the plan payments and the current mortgage payments. If the Chapter 13 cannot succeed without financial input from the grandmother, it will be up to her to let it go forward and lose the house. Either way, the fact that the house is in foreclosure will affect her credit score.

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can you get your auto reposessed if your 2 payments behind NO

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They can be if you are behind on child support payments.

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It is better to finance an auto purchase with a high down-payment and a low monthly payment, because it is less likely for you to fall behind on your payments and acquire debt.


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