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Yes, a voluntary dismissal of a Chapter 13 bankruptcy can be denied by the court. If the court determines that the dismissal would harm creditors or violate the principles of bankruptcy law, it may refuse the request. Additionally, if the debtor has previously dismissed a case or failed to comply with court orders, the court may also deny the dismissal. Ultimately, the decision rests with the judge overseeing the case.

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4mo ago

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How do you do a ch 13 voluntary dismissal?

To initiate a Chapter 13 voluntary dismissal, you must file a motion for dismissal with the bankruptcy court where your case is pending. This typically involves completing the necessary forms and providing a reason for your dismissal. It's important to notify your creditors and the bankruptcy trustee, and you may need to attend a hearing if the court requires it. Once approved, your case will be dismissed, and you will no longer be under bankruptcy protection.


What does the voluntary dismissal of a chapter 13 bankruptcy mean for the debtor and creditors and the debtor's credit report?

When any bankruptcy action is dismissed for any reason the debtor(s) lose(s) bankruptcy protection. This means creditors may pursue collection of the debt, including, in most situations filing a lawsuit. A chapter 13 bankruptcy dismissal will remain on the debtor's credit report for 7 years.


If your chapter 13 was dismissed how can you find out which creditors were paid off with the money that was paid to the trustee?

After the entry of the dismissal, the Chapter 13 trusee will send you a final accounting of how much was paid to each creditor.


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.


How do you remove a dismissed chapter thirteen bankruptcy from a credit report?

You can't. A valid entry for a dismissed chapter 13 bankruptcy will remain on a credit report for seven years from the date of dismissal.

Related Questions

How soon can you file bankruptcy after a voluntary dismissal of a chapter 13?

is it safe to file for voluntary dismissal of chapter 13 bankruptcy


Can you ask for a voluntary dismissal if your chapter 13 trustee has already asked for a dismissal for missed payments?

yes.


Will a request for a voluntary dismissal of a chapter 13 appear on the person's credit report?

Yes.


How do you file a chapter 13 voluntary dismissal in Maryland?

There is paperwork to fill out and a judge has to approve the dismissal. You can submit it to the trustee or judge in charge of your bankruptcy. If you have an attorney, the attorney can do this for you.


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.


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.


How do you do a ch 13 voluntary dismissal?

To initiate a Chapter 13 voluntary dismissal, you must file a motion for dismissal with the bankruptcy court where your case is pending. This typically involves completing the necessary forms and providing a reason for your dismissal. It's important to notify your creditors and the bankruptcy trustee, and you may need to attend a hearing if the court requires it. Once approved, your case will be dismissed, and you will no longer be under bankruptcy protection.


If you voluntarily have a chapter 13 bankruptcy dismissed will your creditors be notified of the dismissal?

Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.


Can a collector collect on a judgment after dismissal of a Chapter 13?

Dismissal yes, Discharge, probably not.


With a voluntary chapter 13 dismissal how long do you have before the creditors attempt to collect debt?

In a voluntary Chapter 13 dismissal, creditors can typically resume collection efforts immediately after the case is dismissed. There is no waiting period; the automatic stay that protected you from creditor actions during the bankruptcy proceeding is lifted upon dismissal. Consequently, creditors can initiate lawsuits, wage garnishments, or other collection activities without delay. It’s advisable to consult with a bankruptcy attorney to understand your options and plan your next steps.


If you are in chapter 13 bankruptcy can you file for a voluntary dismissal to refinance your house?

I f that was the main reason for filing the c. 13, you can. Make sure the lender knows about the bankruptcy and you have a refi commitment before you move to dismiss.


How can you get out of a Chapter 13 bankruptcy if you have been in it for 10 months and you've decided that you were better off as you were before?

Contact the attorney that handled the BK or the BK trustee and inform them that you want to file a petition for a voluntary dismissal of the "13".