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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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โˆ™ 2005-10-15 16:28:18
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Q: What if your chapter 13 case is dismissed because you are behind on payments?
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If you are behind on your house payments and file chapter 7 bankruptcy can they take your house?

no


What chapter should you file if you are behind on your mortgage?

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


If behind on Chapter 13 payments can a dismissal be prevented or reversed if payment is made for past due amount?

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.


Can your mortgage company harass you?

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.


Can they repo your car if you have fallen behind on payments because you lost your job and now on unemployment?

ABSOLUTELY


Could you lose your home if you are behind on payments and your car rolls down hill into it?

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


Will I lose my car in Florida filing chapter 7?

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.


What happens if you fall behind on your morgtage payments after you have filed chapter 13?

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


Can the insurance company find out if your behind on your car payments?

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


If you are behind with Chapter 13 payments is there anything you can do to prevent or stop a dismissal such as a payment for the past due amount?

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.


How many payments do you have to be behind to get your car repoed in GA?

no more than 2 payments


Landlord is filing a foreclosure on your mobile home because you are behind on payments how long do you have before moving?

DEPENDS ON THE SHERRIFF IN YOU COUNTY


Why is it important to make payments on time?

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


How can you keep from going to jail if you are behind on child support payments?

Catch up on your child support payments.


Can a finance company repossess your car when you lose your job?

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


What bankruptcy can you file to keep your home if you are behind in payments?

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.


Can you file bankruptcy to discharge child support payments?

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.


Do you have to be behind on payments to your creditors to file bankruptcy?

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.


How can I lower my car insurance costs after I fell behind in my payments?

You can start making your payments on time and avoid accidents


What if your daughter bought a home with her grandmother as a co-signer she now faces foreclosure should she file chapter 13 bankruptcy how does all this effect her grandmother?

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.


Can westlake financial repo your car?

if you are behind on payments then yes they can


Can your mortgage company attach your savings account if you are behind on payments?

No.


How many payments behind will Volkswagen repo your car for?

two


Can I trade in my car if I am behind on payments?

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.


Can a bank sell your vehicle the day after it is repossessed in Alabama?

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.