Because no plan of reorganization....agreeable to creditors and the court, where the company can continue in operations and successfuly operate was considered possible...its only choice being to dissolve.
Yes. Its even unofficially called a Chapter 20
Sometimes Chapter 13 debtors need or want to convert their bankruptcy case from a Chapter 13 to a Chapter 7 bankruptcy. And sometimes the bankruptcy court will force you to convert from Chapter 13 to Chapter 7 - this is often called a "forced conversion." The reasons for conversions vary. For the most part, if you are instigating the conversion, you have a right to convert your case. But that doesn't always mean you'll qualify for Chapter 7 relief.
You file a motion to convert to chapter 7. If you are eligible, then the court should grant it.
You would be able to file for chapter 7 but not your husband.
Since its dismissed w/ prejudice - Wait 180 days and file an individual chapter 7. Your spouse does not have to file.
You can try to get the court to approve a modified plan; you can convert to chapter 7; or you can dismiss your case.
No, you can't have two separate bankruptcies at once. If you are under a chapter 13, and are no longer able to make your plan payments, then you can convert your case from a 13 to a 7.
Before the new laws it was easier to convert. Depending on your ability to pay back your creditors. Please contact your attorney if you are having problems paying back you chapter 13.
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.
You can convert the 13 to a 7. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
No. A Chapter 13 that is converted to Chapter 7 must have been ORIGINALLY filed at least 8 years from the prior Chapter 7. So, if you filed Chapter 7 in 2001, then filed Chapter 13 in 2005, you can't wait until 2009 and then convert the 13 to 7 since it was filed within 4 years of the prior 7. In this case, you would have to wait until 2009 and then DISMISS the Chapter 13 and re-file a new Chapter 7 after the 8 years from the prior 7 expired. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
The debtor (or the debtor's attorney) can do this with a simple filing - usually an "Ex Parte Motion to Convert Chapter 13 to a Chapter 7." Providing the debtor's bankruptcy has not previously been converted already, the debtor/debtor attorney can do this without the permission or advance permission of either the bankruptcy judge or the Chapter 13 trustee that is managing the bankruptcy up until that point (hence, the "Ex Parte" part of the document). There are notice requirements - check with your local bankruptcy district to see who this needs to be mailed out to. Also, there is usually a small fee involved (it usually involves the debtor paying the difference in cost between a Chapter 13 and a Chapter 7 filing, but may be different - again, check with your local bankruptcy court). The debtor will be required to go through another 341 creditor's meeting with the new Chapter 7 trustee.