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In Maryland if a chapter 13 is dismissed for missed plan payments can you refile chapter 13 immediately?
Under the changes to the bankruptcy law, a debtor can refile his Chapter 13 case. You will have to provide the judge a good reason to allow it, (which really means something like a change in your financial situation so you can now do what you didn't)...not that you now understand want it more than before. Some judges flex a bit on this, but it is very situational.
If case #2 is filed within 12 months that case #1 was pending, then the automatic stay is not absolute. Instead, the automatic stay does go into effect, but it terminates in 30 days unless the debtor files a motion with the court and convinces the judge to extend the stay. If the judge does not extend the stay, then it would come to an end in 30 days and the creditors/mortgage company would be free to re-start foreclosure/collection proceedings.
What else can I help you with?
Can your Chapter 11 be dismissed due to plan payments?
Chapter 11 is a corporate business bankruptcy where a reorganization plan is made while operating under protection. It is not a Chapter 13 with a specific payment plan.
Is there anything you can do if your chapter 13 was dismissed after confirmation for failure to make payments on time?
No, except wait until the required time limit for refiling has expired and file another bankruptcy petition.
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 many payments missed from debtor to trustee before chapter13 is dismissed?
In a Chapter 13 bankruptcy case, if a debtor misses one or more payments to the trustee as outlined in their repayment plan, the case may be dismissed. Typically, the court may allow a grace period for missed payments, but consistently missing payments can lead to dismissal. The specific number of payments missed before dismissal can vary by jurisdiction and the discretion of the bankruptcy judge, but generally, two or more missed payments can trigger a dismissal. It is essential for debtors to communicate with their trustee if they anticipate payment issues.
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.
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.
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 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
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.
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 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.
