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File a "Motion To Dismiss". Contact the clerk or court administrator where the bankruptcy was filed for information on the forms and procedure required in accordance with the state laws. If the BK was federal, then contact the clerk of the federal court where the action was filed. If the person was being represented by legal counsel then the attorney needs to be notified that the client is going to have the BK dismissed pro se or the situation can get very complicated.
What else can I help you with?
What does Motion By Debtor To Dismiss Case Under Section 1307b mean?
A motion by a debtor to dismiss a case under Section 1307 B means that any debt not settled under Chapter 7 bankruptcy, can be dismissed. But, this is only under certain conditions.
If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?
You can't get it removed. It is a public record. If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report. Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed. Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.
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.
Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
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.
How do you dismiss chapter 13?
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.
Is there a 180 day bar to filing a ch 7 after a ch 13 case was dismissed?
Yes, there is a 180-day bar to filing a Chapter 7 bankruptcy after a Chapter 13 case is dismissed if the dismissal was due to the debtor's failure to comply with court orders or if the debtor voluntarily dismissed the case after a creditor filed a motion for relief from stay. This rule is intended to prevent abuse of the bankruptcy system. If the dismissal was not due to these reasons, the debtor may be able to file for Chapter 7 without the waiting period. Always consult with a bankruptcy attorney for specific guidance related to individual circumstances.
What are the pro's and con's of a voluntary dismissal of a Chapter 13 case?
This question is so dependent on individual facts and circumstances that it defies a thorough answer, but I will make some general statements that are hopefully helpful: One "con" of voluntary dismissal is that the creditors who were not paid in full during the case will come back after the debtor. This is a pretty substatial "con." Another "con" is that the Chapter 13 is already on the debtor's credit report for 7 years even if the debtor dismisses it voluntarily. A big "con," which is highly situational, is that if a case is voluntarily dismissed after a Motion for Relief from Stay has been filed, that debtor is automatically barred from re-filing a new case for 180 days (6 months) (pursuant to 11 U.S.C. 109(g)). So, if a creditor, let's say the mortgage company, files a Motion for Relief from Stay to sell the debtor's house because the debtor has missed some mortgage payments, and the debtor voluntarily dismisses his or her Chapter 13, that debtor cannot re-file a new case for 6 months. This 6 month period of no bankruptcy protection may be sufficient time for the creditor to sell the home in a foreclosure action. A "pro" of dismissal might be, depending on the circumstances, that the debtor could re-file a new Chapter 13 and include debts that were incurred after the filing of the first Chapter 13 (and it should be noted that post-petition debts can normally be added to an existing Chapter 13 without dismissal if the case is converted to Chapter 7 by filing a Schedule of Post-Petition Debts). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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.
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.
If someone filed chapter 13 then converted to 7 can they refile a 13 as soon as the 7 is dismissed?
PROBABLY if one is in a Chapter 13 and that debtor converts to Chapter 7, that debtor can re-file another Chapter 13 immediately after the Chapter 7 discharge. I say "probably" rather than "yes" for a few reasons: (1) There is no Bankruptcy Code section that prevents immediate filing of a Chapter 13 after a Chapter 7, but a creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by based on the circumstances of the case; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, a creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days if a Motion for Relief was filed in the prior Chapter 13 case (and I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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.
