Comments on: My Chapter 13 Was Dismissed Two Weeks Ago – Can I Refile a Chapter 13?

By: Jonathan

Jonathan — Sat, 30 Jan 2010 16:02:17 +0000

Jane, the notice you describe does not sound familiar to me. You should ask your lawyer. If your Chapter 13 was recently filed, this may be an objection to confirmation, which means that the trustee has objections but does not mean that your case has been dismissed. On the other hand, if your case was confirmed and you were subject to the terms of a consent order on the trustee's motion to dismiss, this notice could be speaking of a dismissal. Again. call your lawyer – that's why you have one. Your comment did prompt me to write an article about the confusing nature of bankruptcy notices – see http://bit.ly/b0q3og.

By: jane

jane — Sat, 30 Jan 2010 00:06:26 +0000

please explain, I received a letter from the trustee office stating the judge was in support of the order to dismiss my chapter 13. The letter had a listing of all my payments and they were at 25%. The letter also stated that the case was feasible. Please tell me if that means that my case has or has not been dismissed. The term " case is feasible" is confusing to me.

Thank you

By: Stephanie Hampton

Stephanie Hampton — Sun, 15 Nov 2009 18:16:16 +0000

We are over a year behind on our house payments. My husband was fired In 2007, for taking too many days off. We both been taking care of our mothers who were dying. We had filed chapter 13, but it was dismissed because our paralegal was missing paper work like tax, bank statements etc. We started in middle of may and it was finally dismissed in September. Can we go refile chapter 13 again? Is there limit to how many times we can refile 13 after a dismissal? Las vegas, nv. Thank you

By: Jed

Jed — Wed, 08 Jul 2009 23:27:14 +0000

Help – I'm a week away from confirm and trustee will dismiss. We are too far off on payment. He wants 2k we put in for 600. My overhead is more than my take home. I don't know what to do. Lawyer says dismiss and refile but stay lift will unleash sharks.

By: Tony

Tony — Sat, 09 May 2009 22:09:17 +0000

I filed a chapter 13 back in 2005. I pay a monthly charge of 636.94 a month It is automatically deducted for my pay check. I was told last week, by the trustee, that there is not enough is being deducted to satisfy the claim. It would exceed the 60 month period. Shouldn't my attorney have fixed this earlier. It is now a possibility that it could be dismissed.

By: Greg

Greg — Mon, 02 Feb 2009 18:33:33 +0000

I have a dismiss hearing tomorrow due to being behind. I'm waiting on the funds to make it current. If it does not get here in time to make it current before the dismiss hearing, can i make the payment next week and reopen the case. thanks

By: nikki sunderland

nikki sunderland — Mon, 24 Nov 2008 14:08:11 +0000

we filed a chapter 13 but cant keep up with the almost double payments on our mortgage, in the middle of our chapter 13 my husband had to get a new job with less money. Can we now file a chapter 7? the banks are now asking to yet again foreclose on our house

By: Danielle B.

Danielle B. — Mon, 22 Sep 2008 12:27:09 +0000

Hi. I have fallen behind on my mortgage AND my ch. 13 payments. Several reasons for this. One is in May my husband was laid off for 4 weeks and then re hired but took a pay cut. Two is that in June of 07 my mortgage rate adjusted and we couldn't afford the payments. Three is that we started a refinance process on our home in January of this year. Well our attorney kept making paper work mistakes and since it has been so long no one will give us the refi. Now the attorney is trying to dismiss the case and is not returning my calls. The way I see it, if he'd done his job right back in January, everything would be fine. What can I do?

By: Marla

Marla — Tue, 22 Jul 2008 23:55:01 +0000

hello I have filed chapter 13 and now I'm behind on my house payment and cannot make it up will thay take my house?

By: Jeanette Johnson

Jeanette Johnson — Sat, 12 Jul 2008 20:47:20 +0000

I received a letter from my Chapter 13 Trustee indicating he has filed a motion to dismiss, because I failed to remit 2006 and 2007 income tax returns and one-half of refunds, if any. In addition, this plan is currently not feasible to complete within five years. The five-year maximum is up July, 2008 and the trustee still needs over $1,500.00 plus the missing tax refunds in order to complete the plan. I have been in my Chapter 13 since 2003. What are my options?