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To dismiss a Chapter 13 bankruptcy case, you typically need to file a motion with the bankruptcy court. This motion must outline the reasons for the dismissal, such as failure to make plan payments or non-compliance with court orders. If the court approves the motion, the case will be dismissed, and the debtor will no longer be protected under bankruptcy law. It's important to consult with a bankruptcy attorney to navigate this process effectively.
What else can I help you with?
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 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.
What are your options if you are found in default of chapter 13?
You can try to get the court to approve a modified plan; you can convert to chapter 7; or you can dismiss your case.
Motion to dismiss has been withdrawn in chapter 13 is this good or bad?
It's good if you can and want to continue with the Chapter 13. There are situations in which it is better to get the 13 dismissed and start over, then it would be bad.
After you meet with your creditors can you ask to be dismissed before your confirmation hearing?
If you are referring to the Chapter 13 plan confirmation hearing, then the answer is yes. In fact, you can dismiss your Chapter 13 bankruptct at any time.
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.
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.
What if you can't dismiss a chapter 13 after paying into for 5 years because of a previous chapter 7 filed will creditors still try to hound you?
This question makes no sense. The 13 should be dismissible by the debtor or the court. You may not be entitled to a discharge, but what was the point of the 13? You need to talk to your lawyer, and if you filed a chapter 13 without a lawyer and get screwed, well....
If a Motion for Relief from Stay is filed can the debtor file a motion for dismissal and sell the property to an interested party?
A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.
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 chapter 7 bankruptcy after you file it?
Yes
