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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.
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Law Dictionary: What Happens When Chapter 13 Bankruptcy is Dismissed for Non-Payment?
What else can I help you with?
How long does a dismissed chapter 13 bankruptcy stay on your credit file?
A Chapter 13, whether it is dismissed or successfully receives discharge, is on your credit report for 7 years. A chapter 7 is on your credit report for 10 years. i called equifax and a discharged chapter 13 stays on for 7 years and a dismissed chapter 13 stays on for 10 years
How can you convert from a Chapter 13 to a Chapter 7 without your spouse even though both are on a dismissed with prejudice Chapter 13?
Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.
If your Chapter 13 was dismissed and you have paid most of the bills off on your own is there any way to get it discharged instead of dismissed?
No, not without refiling another "13".
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.
How long does a dismissed ch 13 stay on a credit report?
A chapter 13 Bankruptcy, dismissed, discharged, or otherwise, stays on your credit report for 7 years from the date it was filed.
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.
How long does a dismissed chapter 13 bankruptcy stay on your credit file?
A Chapter 13, whether it is dismissed or successfully receives discharge, is on your credit report for 7 years. A chapter 7 is on your credit report for 10 years. i called equifax and a discharged chapter 13 stays on for 7 years and a dismissed chapter 13 stays on for 10 years
If you gave up a car in chapter 13 will you have to pay for it if the chapter 13 is dimissed?
if your chapter 13 gets dismissed can you buy a car
How can you convert from a Chapter 13 to a Chapter 7 without your spouse even though both are on a dismissed with prejudice Chapter 13?
Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.
In South Carolina when can a chapter 7 bankruptcy be filed after a chapter 13 has been dismissed?
Two years after the date of the chapter 13 dismissal.
Can you file chapter 13 after being dropped?
IF by dropped you mean the case was dismissed, the answer depends on when and why the case was dismissed.
Can a chapter 13 bankruptcy that has been dismissed be discharged?
No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.
Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
If your Chapter 13 was dismissed and you have paid most of the bills off on your own is there any way to get it discharged instead of dismissed?
No, not without refiling another "13".
Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
No
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.
If a chapter 13 is dismissed does it still stay on your credit report for 7 years?
Yes.
