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What options do you have in a chapter 13 if your case was dismissed due to nonpayment?
If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.
What else can I help you with?
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.
Your Wife an you jointly filed chapter 13 bankruptcy if you separate will the case be dismissed?
No
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 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.
What happens if i don't file schedules in my chapter 7 is it possible that the case could be dismissed?
Not only is it possible, it is almost certain that the case would be dismissed. You might be given an extension by the court, but ultimately they must be filed.
What does it mean when a court case is dismissed and what are the implications of such a decision?
When a court case is dismissed, it means that the case is thrown out and will not proceed to trial. This decision can have various implications depending on the circumstances, such as the case being refiled, the case being permanently closed, or the parties being able to pursue other legal options.
When you file chapter 7 bankruptcy and the case was dimissed will this show up on my credit report?
Yes. It will show that you filed bankruptcy and that the bankruptcy was dismissed.
What is the difference between a case being dismissed with prejudice and dismissed without prejudice?
When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can be refiled in the future.
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.
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 differences between a case being dismissed with prejudice and dismissed without prejudice?
When a case is dismissed with prejudice, it means that the case is permanently closed and cannot be brought back to court. On the other hand, when a case is dismissed without prejudice, it means that the case can potentially be refiled in the future.
What happens if your chapter 128 has been dismissal?
If a Chapter 128 case has been dismissed, it typically means that the debt repayment plan was not completed according to the court-approved terms. As a result, the individual is no longer under the protection of Chapter 128 and creditors may resume collection efforts. It's important to seek legal advice to understand the implications and explore alternative options for managing debt.
