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What options do you have in a chapter 13 if your case was dismissed due to nonpayment?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 18y ago
Wiki User
∙ 15y agoYour options will vary from case to case. You might be eligible to refile another Chapter 13. You might consider filing a Chapter 7. You might not even need to be in Chapter 13 anymore. You need to consult a local bankruptcy about the specific facts of your case. You might be able to convert from a 13 to a 7 but this can only be done one time. i.e 13 to a 7, but cannot reconvert back to 13. from experience, make sure you have an attorney that is skilled in bankruptcy law and has practiced it for many years.
Wiki User
∙ 12y agoIn order to get the benefit of chapter 13 BK, you must comply with ALL court requirements- one of them being giving copies of tax returns. The fact that you havent given copies of your tax returns leads me to conclude that you havent done so because you havent FILED tax returns- that's a big problem. Your attorney should have made you aware of this requirement- your attorney, and by extension you, could not claim suprised by this requirement- the BK Trustee can ask for copies in ALL BK cases.
You can refile your BK, but you MUST provide copies of your tax returns for the previous 4 years. Also, talk to your attorney to see if you have the 180 day bar or if you can file immediately.
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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 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.
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 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.
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.
If a criminal case was dismissed can that case be open at a later date?
noAnother View: Yes, it could be, depending on HOW the case was dismissed. If the judge dismissed the case WITH prejudice it cannot be re-opened. If it was dismissed WITHOUT prejudice it can be.However, if a criminal case is dismissed without prejudice it may not be re-opened IF the applicable statute of limitations for that crime in that situation has lapsed.
Can you sue if the case is dismissed with prejudice?
Plaintiffs do not charge. They file lawsuits. The plaintiff can always file, but if the case is dismissed with prejudice, a new filing cannot be litigated. If a case is dismissed with prejudice, it means res judicata applies, and a new filing would be dismissed because the issues have already been litigated. If the case is dismissed without prejudice, it means that it has been voluntarily dismissed or dismissed for some reason to allow the case to be refiled and re-litigated later.
What is a dismissed case?
It means that for some legal reason the court has dismissed the charges against the individual. A case may be dismissed "with prejudice" or "without prejudice."
If your felony case is dismissed after completing probation what does that mean in detail?
It means your case is dismissed. Your case will still show up on your background report. I got my felony case expunged, but it still shows on my background as dismissed.
What does it mean for a bankruptcy to be dismissed?
"Case dismissed" means the same as any other time you hear it. Dismissed means that the case has no merit or means to go forward and that charges (in this case, the charge of bankruptcy) can not be proven or declared. The bankruptcy was not granted.
