Comments on: What Happens if my Chapter 13 Case is Dismissed? http://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/ Personal Bankruptcy tips and tricks moderated by Atlanta lawyer Jonathan Ginsberg Tue, 17 Jan 2012 01:57:46 +0000 hourly 1 By: Jonathanhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-18286 Jonathan Tue, 17 Jan 2012 00:05:09 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-18286 Sammy, the letter to received most likely is a motion to dismiss by the trustee as opposed to an actual dismissal . I suspect what has happened here is that the claims in your case came in higher than expected, thereby making the plan run longer than 60 months. This type of problem is not especially unusual and your lawyer should be able to recommend a fix (which might involve an increase to your trustee payment) Sammy, the letter to received most likely is a motion to dismiss by the trustee as opposed to an actual dismissal . I suspect what has happened here is that the claims in your case came in higher than expected, thereby making the plan run longer than 60 months. This type of problem is not especially unusual and your lawyer should be able to recommend a fix (which might involve an increase to your trustee payment)

]]> By: Jonathanhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-17906 Jonathan Tue, 03 Jan 2012 16:26:55 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-17906 Jan this might be a case where you could ask the court to grant a "hardship discharge." If granted, all claims would be deemed satisfied. Speak to your lawyer about this. You might also look into converting to Chapter 7, then arranging financing to redeem the vehicle. Otherwise, you may want to approach the auto lender about a payment plan. Best of luck to you. Jan this might be a case where you could ask the court to grant a “hardship discharge.” If granted, all claims would be deemed satisfied. Speak to your lawyer about this. You might also look into converting to Chapter 7, then arranging financing to redeem the vehicle. Otherwise, you may want to approach the auto lender about a payment plan. Best of luck to you.

]]> By: Janhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-17904 Jan Tue, 03 Jan 2012 15:58:07 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-17904 My dad is 88 years old and filed Chapter 13 about 3 years ago. The only collateral he had was his 2005 dodge caravan. Dad was living with us for the past 4 years and now is in an Independent living facility and can't pay his BK payment any longer. I drive dad's van as we are also in Chapter 13 and have no vehicle. I can't afford dad's payments along with ours. Dad has a dismiss motion scheduled on 1/12 and I have no money to bring as I had emergency open back surgery on 12/7. How can we go about keeping the vehicle. If this is taken we have no way to work. We have not missed one payment on our BK. Thanks for your help My dad is 88 years old and filed Chapter 13 about 3 years ago. The only collateral he had was his 2005 dodge caravan. Dad was living with us for the past 4 years and now is in an Independent living facility and can’t pay his BK payment any longer. I drive dad’s van as we are also in Chapter 13 and have no vehicle. I can’t afford dad’s payments along with ours. Dad has a dismiss motion scheduled on 1/12 and I have no money to bring as I had emergency open back surgery on 12/7. How can we go about keeping the vehicle. If this is taken we have no way to work. We have not missed one payment on our BK. Thanks for your help

]]> By: sammyhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-17831 sammy Sun, 01 Jan 2012 19:07:50 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-17831 Jonathan, I have been in Chapter 13 for two years now. I just recieved a letter from the Bankruptcy court saying they are dismissing my Chapter 13? I never missed a payment. The letter said The Trustee has reviewed the proofs of claim filed in this case, and beleives that the plan is not sufficient to pay all of the claims as filed. As a result, the plan is unfeasible, and the case should be dismissed pursuant to 11 U.S.C. 1307 (c) (1). I don't understand do I need to refile? I'm am so upset we have been so good trying to get on track with our life.... Jonathan,
I have been in Chapter 13 for two years now. I just recieved a letter from the Bankruptcy court saying they are dismissing my Chapter 13? I never missed a payment. The letter said The Trustee has reviewed the proofs of claim filed in this case, and beleives that the plan is not sufficient to pay all of the claims as filed. As a result, the plan is unfeasible, and the case should be dismissed pursuant to 11 U.S.C. 1307 (c) (1). I don’t understand do I need to refile? I’m am so upset we have been so good trying to get on track with our life….

]]> By: Karenhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-15172 Karen Tue, 11 Oct 2011 19:13:43 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-15172 @<a href="#comment-14145" rel="nofollow">Miles Parker</a>: You should change your filing to a chapter 7 with your attorney. @Miles Parker: You should change your filing to a chapter 7 with your attorney.

]]> By: Miles Parkerhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-14145 Miles Parker Tue, 06 Sep 2011 22:57:30 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-14145 Jonathan, we have been in a 100% repayment plan for 51 months, we have fallen behind the last couple of months due to medical reasons and now just found out my wife has breast cancer and will need 9-12 months of treatment. We also just received noticed the trustee has filed a motion to dismiss. There would be no way we could increase our payment or provide a lump sum equal to our past due amount with our circumstances Since we were on the 100% plan, i am not so worried about the creditors going back to cent one, since we were paying back fully, the only creditor in question would be one car loan we had. Also we gave up our house so we have been leasing ever since. Should we even bother to fight the dismissal or just let it flow through and try and set up payments directly with creditors since a majority has been paid back. Also will car creditors even accept payments or will we for sure loss it. Finally, is there any hardship that we might be eligible for like suspending our 13 or discharging it earlier? We seemed to have a hard time getting a hold of our lawyers ever since the trustee denied their petition to increase the attorney's fees on the case, so any help would be greatly appreciated. Jonathan,

we have been in a 100% repayment plan for 51 months, we have fallen behind the last couple of months due to medical reasons and now just found out my wife has breast cancer and will need 9-12 months of treatment. We also just received noticed the trustee has filed a motion to dismiss. There would be no way we could increase our payment or provide a lump sum equal to our past due amount with our circumstances

Since we were on the 100% plan, i am not so worried about the creditors going back to cent one, since we were paying back fully, the only creditor in question would be one car loan we had. Also we gave up our house so we have been leasing ever since. Should we even bother to fight the dismissal or just let it flow through and try and set up payments directly with creditors since a majority has been paid back. Also will car creditors even accept payments or will we for sure loss it. Finally, is there any hardship that we might be eligible for like suspending our 13 or discharging it earlier?

We seemed to have a hard time getting a hold of our lawyers ever since the trustee denied their petition to increase the attorney’s fees on the case, so any help would be greatly appreciated.

]]> By: Vhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-13816 V Wed, 06 Jul 2011 21:01:28 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-13816 My chapter 13 was dismissed 3 weeks ago because my chapt 13 plan was not acccepted. Can I still file a chapt 13 modification plan or do I need to refile and start all over again. I am unable to afford a lawyer therefore I am alone in this process. I have gone online to download the paperwork for this chapt. 13. Is there special paper work to refile/chapt 13 modification plan for georgia? Thanks V My chapter 13 was dismissed 3 weeks ago because my chapt 13 plan was not acccepted. Can I still file a chapt 13 modification plan or do I need to refile and start all over again. I am unable to afford a lawyer therefore I am alone in this process. I have gone online to download the paperwork for this chapt. 13. Is there special paper work to refile/chapt 13 modification plan for georgia?

Thanks
V

]]> By: Veronica Danielhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-13815 Veronica Daniel Wed, 06 Jul 2011 16:14:55 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-13815 Me and My Husband has been under chapter 13th for 2 years going on 3 years. We receive a letter the other day stating that we suppose to turn over our income taxe money we had 30 days are our chapter 13th will be dismiss. We didnt have to gave them our income the first 2 years why now and there taking 400 month out my husband check. If the chapter 13th is dismiss do I still pay the trustee and start back paying criedtors too. Just need answers dont know what to do. The two years we been under chapter 13th the mortage company hasnt receive anything. Me and My Husband has been under chapter 13th for 2 years going on 3 years. We receive a letter the other day stating that we suppose to turn over our income taxe money we had 30 days are our chapter 13th will be dismiss. We didnt have to gave them our income the first 2 years why now and there taking 400 month out my husband check. If the chapter 13th is dismiss do I still pay the trustee and start back paying criedtors too. Just need answers dont know what to do. The two years we been under chapter 13th the mortage company hasnt receive anything.

]]> By: Barbara Davidsonhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-13714 Barbara Davidson Sun, 26 Jun 2011 13:55:46 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-13714 I just need to no how long before I can refile. I just need to no how long before I can refile.

]]> By: Barbara Davidsonhttp://www.thebklawyer.com/thebkblog/2009/08/27/what-happens-if-my-chapter-13-case-is-dismissed/#comment-13713 Barbara Davidson Sun, 26 Jun 2011 13:54:44 +0000 http://www.thebklawyer.com/thebkblog/?p=379#comment-13713 How long do you have to be dismissed from chapter 13 before refileing? How long do you have to be dismissed from chapter 13 before refileing?

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