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If the case was dismissed (not discharged) then you are still responsible for everything.
Dismissed = you owe everything the same as before filing
Discharged = bankruptcy completed and you owe nothing more.
Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
What else can I help you with?
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.
How long does chap 7 bankruptcy last?
A Chapter 7 bankruptcy case typically lasts between three and four months. Once the case is filed, there is a meeting of creditors (known as the 341 meeting) approximately 30-40 days after the case is filed. After the meeting, creditors have approximately 60 days to file objections or adversarial complaints to the debtor's discharge. Once that time frame has expired, the Clerk of the US Bankruptcy Court will send the Discharge Order to all creditors, to the debtor and to the debtor's attorney.
If you are not paying your creditors will you lose the money in your bank accounts in the bankruptcy?
Yes, once the bankruptcy is filed checking and savings accounts become part of the debtor's assets and the accounts will be "frozen" until the trustee determines the amount of funds that are not exempt under BK law and can be seized to pay creditors.
What happens after 341 meeting?
After a 341 meeting, also known as the creditors' meeting, the trustee and creditors can ask the debtor questions about their financial situation and assets. Following this meeting, the trustee will review the information provided and may take further action if necessary. If there are no issues, the bankruptcy case will proceed toward discharge, which typically occurs a few months later, assuming all requirements are met. Creditors may file claims, and the debtor must comply with any court requirements to finalize the bankruptcy process.
What if the chapter 13 is dismissed?
By law, the debtor has a maximum of 30 days to begin the payments. Even if the plan is as yet unconfirmed by the court, the debtor must begin. If any adjustments to the plan occur later, the payments must be adjusted. Now, we come to the scenario: what happens if a payment is missed?The court can dismiss the petition. The debtor loses the automatic stay. The creditors can begin collection procedures. The creditors can foreclose on loans. The creditors can request account seizures.By law, the debtor can petition the courts to maintain the bankruptcy, or re-file (at debtor cost). But, as always, communication, communication, communication is the greatest tool a debtor has with his or her lawyer and the trustee. As soon as the debtor knows that a payment to the trustee is going to be missed or fall short in amount, the debtor must contact both the lawyer and the trustee. The debtor will do well to have a plan to catch up very quickly. Does the trustee have to accommodate the debtor? Not in the least. Might the trustee somehow accommodate the debtor? Yes. Debtors must realize that the trustee is obligated to the courts for exemplary execution of assigned tasks. The trustee is NOT on the debtor's side. Again, here is where the trust meets reality. The debtor submitted and agreed to the plan. Failure is really not an option.No Matches Found. Please try your search again.More On This TopicWhat happens if I get a raise at work during a bankruptcy?Will Social Security Disability benefits be considered income in a bankruptcy plan?How long do I have to live in my house after filing bankruptcy?Can I File a Civil Suit Against Someone Who Filed BankruptcyDoes Filing Bankruptcy Release You From a Small Claims Judgment?What is a Mortage Cram Down for Rental Properties?Can a Consent Judgment be Wiped Out in Bankruptcy?Are the fees I paid my bankruptcy lawyer and trustee tax deductible?When A Company Files for Chapter 11 Bankruptcy Court Protection What Happens to the Stock?If a company files bankruptcy, will you be given unemployment benefits?Related Legal TermsCHAPTER 7, BANKRUPTCY, CHAPTER 13, INDEFINITE PAYMENT, CHAPTER 11, IMPUTATION OF PAYMENT, CHAPTER SEVEN, INVOLUNTARY BANKRUPTCY, ADJUDICATION OF BANKRUPTCY, CASE DISMISSED Writing Off or "Charging Off" Your Second Mortgage & Putting it into BankruptcyGetting a Large Personal Loan When Having Bad CreditComments are closed.Featuring Black's Law DictionaryBlack's Law Dictionary For MobileRelatedWriting Off or "Charging Off" Your Second Mortgage & Putting it into BankruptcyCan My Ex-spouse File for Bankruptcy After Our Divorce?Can a DUI Conviction Affect You After Moving to a Different State?How To File Taxes When Separated or DivorcedDoes Unemployment Income Count In a Bankruptcy Case?Getting a Large Personal Loan When Having Bad CreditDisclaimerLaw Dictionary: What Happens When Chapter 13 Bankruptcy is Dismissed for Non-Payment?
What regarding bankruptcy is not true?
Creditors must always eliminate the debt owed by the debtor when there is a bankruptcy.
When do you stop paying your creditors once you have retained a bankruptcy attorney?
The debtor should cease payment of creditors when they decide they are going to file for bankruptcy.
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.
What does a trustee do in Chapter 7 bankruptcy proceedings?
In Chapter 7 bankruptcy proceedings, a trustee is responsible for overseeing the liquidation of the debtor's assets to repay creditors. They review the debtor's financial information, sell non-exempt assets, and distribute the proceeds to creditors.
What has the author Diane Sigmund written?
Diane Sigmund has written: 'Protecting your rights as creditors in bankruptcy' -- subject(s): Bankruptcy, Debtor and creditor
What chapter proceeding the debtor surrenders his nonexempt property for division among his creditors?
The chapter that typically follows a debtor's surrender of nonexempt property for division among creditors is Chapter 7 bankruptcy. In Chapter 7, a trustee is appointed to liquidate the debtor's nonexempt assets to pay off creditors.
Which is one of the two goals of bankruptcy law?
To protect the debtor by giving him or her a fresh start free from creditors' claims
What is the preference period on bankruptcy?
A preference period is based on the relationship that a debtor has with a creditor. The debtor cannot transfer money to non-insider creditors during a 90 day period before filing for bankruptcy. The preference period for transfers made to insider creditors can be increased up to one year.
What is the meaning of debtor's petition for bankruptcy?
It is the term for the formal documents and justification given for someone asking the Court to provide protection from creditors under the bankruptcy laws.
What is the effect of a discharge in bankruptcy?
The effect of a discharge in bankruptcy is to release the debtor from personal liability for most types of debts. This means that the debtor is no longer legally obligated to repay the discharged debts and creditors are prohibited from taking any further collection actions against the debtor. However, certain types of debts, such as student loans and child support obligations, may not be dischargeable.
Should you agree to an automatic stay removal as a debtor?
Almost never....and if you don't understand why...get a lawyer for your bankruptcy...heck your creditors have!
How long does chap 7 bankruptcy last?
A Chapter 7 bankruptcy case typically lasts between three and four months. Once the case is filed, there is a meeting of creditors (known as the 341 meeting) approximately 30-40 days after the case is filed. After the meeting, creditors have approximately 60 days to file objections or adversarial complaints to the debtor's discharge. Once that time frame has expired, the Clerk of the US Bankruptcy Court will send the Discharge Order to all creditors, to the debtor and to the debtor's attorney.
