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Will it help your credit if you dismiss your Chapter 13 bankruptcy and start making payments to your creditors?
No, it will probably hurt your credit. The Chapter 13 is on your credit report for 7 years from the date the Order for Relief is entered, which is the day the case is filed. So, even if you dismiss it the credit hit from the 13 has already appeared on your credit (a 75 to 150 point drop). And, if you dismiss it, then all the creditors included in it suddenly come back to life and would start billing you, making your debt to income ratio worse. And, if you fail to pay them, then the late payments would make your credit even lower. Once a 13 is filed, it's best - creditwise - to finish it.
What else can I help you with?
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.
If you are in chapter 13 in Pennsylvania but moved to Florida and cannot afford your car payment and voluntarily surrender the vehicle what will happen with bankruptcy court?
A number of things can happen based on number of different factors. You won't have the monthly car payments anymore, so you might need to modify your plan to reflect increase your plan payments because of the lower expenses. Or it might be better to convert to a Chapter 7 or dismiss the Chapter 13. Converting to a 7 would eliminated the possibility of the car lender getting a deficiency judgment after selling the car. Most people file Chapter 13 either because the want to keep property that they couldn't keep in a Chapter 7 or because they have debt that can't be discharged, so it is time to review your situatiowith a quaified bankruptcy attorney and see if you should still be in a Chapter 13.
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?
If your mortgage company is trying to have the automatic stay lifted for non-payment can you dismiss the ch 13 and go into ch 7 but still keep the house by then filing ch 13 again?
A chapter 13 can be converted to a chapter 7. The house would be included in the 7. Even if the homestead exemption protected it, it is apparent the lender does not want to reaffirm the loan. So trying to file a 13 again would be pointless. Bankruptcy will only protect a house if the payments are kept up as agreed. Lenders will often try to work out a plan for the borrower to catch up on missed payments while keeping scheduled payments current. There is however no law that requires them to so, a house is a secured debt, the lender can foreclose when the contract is defaulted on, if they so choose.
What if you filed for chapter 7 then your car that you owes from a credit union was totaled and you buy it back from them will the court dismiss your line of credit with that credit union?
No. You probably didn't include the car loan in the bankruptcy (if you did you wouldn't have the car anymore). If debt wasn't included in the bankruptcy you still owe it. Was the car insured? Usually if there's a loan on it the loan holder requires full coverage insurance. I'm not sure what the line of credit has to do with the car.... but if that line of credit account number was included in the bankruptcy it will/was discharged.
What happens if you dont pay after filing bankruptcy?
Assuming its a chapter 13 bk, if you dont make your plan payments the court will dismiss your bk- allowing creditors to resume collection efforts
What happens if you are in bankruptcy and then become unemployed?
If you are in a chapter 13, if you are no longer able to make plan payments, you must either convert to a chapter 7 or dismiss the 13.
Can you dismiss a chapter 7 bankruptcy after you file it?
Yes
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 file a motion to dismiss a chapter 13 if you want to pay the creditors off?
The exact procedures will vary by the rules of your local bankruptcy court, but a Chapter 13 debt can voluntarily dismiss a bankruptcy at almost anytime. Where I practice law, the debtor just needs to complete and sign a one page form and submit a proposed order. Both are forms you can get from the local bankruptcy court. The website for your local bankruptcy court should have the forms you need.
What will happen if i can no longer may my trustee payments?
Assuming this is a Chapter 13 and you're taking about the Plan payments, you should talk to your lawyer or a bankruptcy lawyer about your options. The trustee will move to dismiss your case if you do nothing, and then your creditors will go back to foreclosing or suing you. You may be able to put the Plan on hold for up to 6 months. You may be able to amend the Plan to lower the payments.
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.
Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
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.
Can you ask for a dismissal from 13 before your court date because you want to sell your home and settle you debt?
A debtor can voluntarily dismiss a Chapter 13 at anytime. Before you dismiss the case, you might consider the option of refinancing your home and taking some cash out to pay off the Chapter 13 plan early. For example, let's say you have 2 years left on your Chapter 13 plan and it calls for 30% payment to the unsecured creditors. If you can find a willing lender, some bankruptcy courts will let you refinance the property to prepay the remaining plan payments and still discharge 70% of the unsecured debt. You should check with a bankruptcy attorney in your area to see if this is possible for you.
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.
Cancellation of chapter 7 bankruptcy?
You can dismiss a bankruptcy. (Motion to dismiss) However, you will no longer be under the protection of the bankruptcy courts, will still owe everything, and will still have a bankruptcy on your credit report. You may also be prevented from filing again for quite some time. Talk to an attorney about your individual circumstances and how your local Bankruptcy court handles these situations.
