0
What else can I help you with?
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.
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.
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.
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.
Motion to dismiss has been withdrawn in chapter 13 is this good or bad?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.
When is Chapter 13 bankrupcty discharged?
After the Chapter 13 plan has been successfully completed and the Trustee so certifies. Some courts require filing a motion or request for a discharge.
Can the terms of your Chapter 13 bankruptcy be changed if you become pregnant unexpectedly?
A "motion to modify" a chapter 13 can be filed for almost any reason. Contact the BK trustee for the exact procedures required.
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.
Can you make a partial payment to the chapter 13 trustee?
You should check with your c 13 trustee. In general you can make a partial payment, but if the next payment is also a partial payment, or if you do not make up the difference, the trustee will file a motion to dismiss your case. It is always a good idea to let the trustee's office know your next payment will be short and why, and when you expect to get caught up. If you will not be able to continue the c. 13 payments as set forth in the plan, you may be able to end your c. 13 early or convert to a c 7. Consult your bankruptcy lawyer.
What is a Chapter 13 trustee used for?
Chapter 13 trustee is an entity, generally an individual, with the responsibility of managing a chapter 13 bankruptcy estate. The Chapter 13 receives the debtor's monthly payments and then distributes those funds proportionally to the debtor's creditors.
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.
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.
