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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 when ch13 trustee finds plan infeasible?
When a Chapter 13 trustee finds a repayment plan infeasible, they may recommend that the bankruptcy court dismiss the case or convert it to a Chapter 7 bankruptcy. The court may then hold a hearing to assess the situation, allowing the debtor an opportunity to propose a modified plan that addresses the trustee's concerns. If the debtor cannot present a viable modification, the case may be dismissed, leaving the debtor to deal with their debts outside of bankruptcy.
Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?
You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.
Do you have to report a life insurance payout to a Chapter 13 trustee?
Yes. You must report any additional income to the Trustee. If the Trustee or even worse, the US Trustee find out, they can press federal charges against you.
Can you make a partial payment to the chapter 13 trustee?
You should check with your c 13 trustee. In general you can make a partial payment, but if the next payment is also a partial payment, or if you do not make up the difference, the trustee will file a motion to dismiss your case. It is always a good idea to let the trustee's office know your next payment will be short and why, and when you expect to get caught up. If you will not be able to continue the c. 13 payments as set forth in the plan, you may be able to end your c. 13 early or convert to a c 7. Consult your bankruptcy lawyer.
What happens if you file chapter 13 and defaults on payments?
The trustee will file a motion to dismiss to get your BK case thrown out.
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.
How do you get your chapter 7 bankruptcy case dismissed when you have no attorney clerk was unable to help?
You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.
Can a chapter 13 bankruptcy be dismissed if the petitioner dies?
Yes, a Chapter 13 bankruptcy can be dismissed if the petitioner dies. Typically, the trustee or another party involved in the bankruptcy case will file a motion to dismiss the case due to the petitioner's death.
Can you dismiss a current chapter 13 if your wages have been cut?
You can dismiss a chapter 13 at anytime for any reason under the bankruptcy rules. Bear in mind that there may be reasons why you filed the chapter 13 in the first place. For example to save a house that was in foreclosure or because you filed a chaptert 7 previously and were not eligible to file another one. So if you need to stay in the chapter 13 amd your wage situation is just temporary, you might be able to suspend or halt the trustee payments for anywhere from one to four months. Check with your attorney or trustee on how to do this. Additionally, if you are otherwise eligible, you may just want to convert your chapter 13 to a chapter 7 bankruptcy and receive your discharge now. So, depending on your needs and circumstances, you can dismiss your case, suspend the payment or convert it.
When does a person need a trustee?
In bankruptcies a trustee is needed in all cases to administer the assets or determine that there are no assets. The court appoints the trustee in chapter 7 and 13. The creditors determine who will act as a trustee in chapter 11, usually. A trustee is needed if a person establishes a trust.
What happens when you can't make your chapter 13 monthly payments anymore?
You can either convert to a c. 7 or wait for the c. 13 trustee to move to dismiss your case. You should discuss these options with an experienced bankruptcy lawyer.
What happens when ch13 trustee finds plan infeasible?
When a Chapter 13 trustee finds a repayment plan infeasible, they may recommend that the bankruptcy court dismiss the case or convert it to a Chapter 7 bankruptcy. The court may then hold a hearing to assess the situation, allowing the debtor an opportunity to propose a modified plan that addresses the trustee's concerns. If the debtor cannot present a viable modification, the case may be dismissed, leaving the debtor to deal with their debts outside of bankruptcy.
When a bankruptcy case is dismissed for missed payments what happens to the money already paid into the plans?
If the court has already confirmed the chapter 13 plan then the money already paid is distributed to the creditors. Basically, since the case was not discharged, you still owe the debt, so you made payments towards the debt while in bankruptcy. If the plan was not yet confirmed by the court, the money is returned to the debtor by the trustee save for a small amount for the trustee's expenses (trustee would ask for this in his motion to dismiss). Money would not be distributed to creditors by the trustee until after the proposed chapter 13 plan is confirmed.
What is a Chapter 13 trustee used for?
Chapter 13 trustee is an entity, generally an individual, with the responsibility of managing a chapter 13 bankruptcy estate. The Chapter 13 receives the debtor's monthly payments and then distributes those funds proportionally to the debtor's creditors.
Can you lease a car in chapter 13 bankruptcy without getting permission from the trustee?
You will need permission from the trustee before doing anything financial while in chapter 13 bankruptcy. You will have already signed paperwork agreeing to full disclosure with your trustee when you filed.
Can you include a house in a chapter 7 bankruptcy if you already quit claimed it?
No, not if the quit claim was a legal transfer under the BK laws. If it was not an allowable transfer the BK trustee/court may dismiss the quit claim and the property may be subject to BK action.
