can my chapter 13 be reinstated?

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Icon Mini Profile sahywrisp





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Post Posted: Mon Aug 10, 2009 1:55 pm    Post subject: can my chapter 13 be reinstated?
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Hello,

My chapter 13 was dismissed on 8/5/09 due to non payment eventhough we kept sending payments. I sent the evidence of payment to my attorney but apparently he did not make a motion. The motion to dismiss was filed on 5/5/09 but we sent 4 payments after that and they were cashed. Can we refile or appeal? Our home is what is covered under the protection and we don't want to lose it. Can our case be reinstated if we pay in full the payments owed? My case is in Puerto Rico. What are my options?
Icon Mini Profile jameshogg
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Post Posted: Mon Aug 10, 2009 8:35 pm    Post subject:
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Hi sahywrisp,

You can definitely reinstate your Chapter 13 bankruptcy. As far as I know, if you elect to reinstate your bankruptcy after dismissal then its a primary requirement that your bankruptcy plan payments must be current by hearing date. So, if you pay off the dues according to the payment plan, you would be able to reinstate the bankruptcy.

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Icon Mini Profile sahywrisp





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Post Posted: Mon Aug 10, 2009 9:07 pm    Post subject:
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Thanks for replying. Do you know if my lawyer needs to make a motion or appeal?
Icon Mini Profile jameshogg
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Post Posted: Mon Aug 10, 2009 11:08 pm    Post subject:
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Hi sahywrisp,

Your lawyer needs to inform the court that you want to reinstate the mortgage. As far as I know, he will have to file a motion for the same.

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Icon Mini Profile sahywrisp





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Post Posted: Tue Aug 11, 2009 2:56 am    Post subject:
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Reinstate the mortgage or the bankruptcy plan? We want to keep the bankruptcy protection.
Icon Mini Profile smithsussane
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Post Posted: Tue Aug 11, 2009 10:08 pm    Post subject:
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Hi sahywrisp!

Welcome back to forums!

You'll have to reinstate your bankruptcy in order to keep the bankruptcy protection. Contact your attorney and he would help you in reinstating your bankruptcy filing.

Feel free to ask if you've further queries.

Sussane
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Post Posted: Thu Jan 06, 2011 8:29 am    Post subject: bankrupcy dismissial
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i have'nt made a payment since september due to my unemployment stoppin and im now 4mos behind now i have a dismissal hearing but now my income has starterd back up and im able to catch it up by the end of this month january can i save my car from repo and how long do it take after dismissal to repo your car.
Icon Mini Profile adonis
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Post Posted: Thu Jan 06, 2011 10:23 pm    Post subject:
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Welcome Guest,

Once your bankruptcy is dismissed, your lenders/creditors can take immediate actions against you. In my opinion, you should contact your bankruptcy attorney and check out if you can refile it once again.

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Post Posted: Thu Jun 30, 2011 5:15 pm    Post subject:
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how can I keep my home, if my bankruptcy was dissmissed. Will the morgage people make arrangments
Icon Mini Profile jameshogg
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Post Posted: Thu Jun 30, 2011 11:07 pm    Post subject:
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Hi Guest,

You will have to immediately contact your lender and negotiate with him in order to arrange a re-payment plan. This will make it easier for you to pay off the debts and you'll be able to save the property.

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Icon Mini Profile sabrinatoss
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Post Posted: Fri Jul 01, 2011 2:44 am    Post subject: hi sahywrisp !
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It is possible yet you still have to consult it with another expert for another advice. There are factors that will affect your case like including some other necessary details so that we can come up with an accurate plans for you to get your goal.
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ldshackel

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Post Posted: Sun Aug 07, 2011 12:31 pm    Post subject: re-instatement of chapter 13 after voluntary dismissal
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what are the Tennessee laws for reinstatement of a chapter 13?
Icon Mini Profile adonis
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Post Posted: Sun Aug 07, 2011 10:28 pm    Post subject:
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Hi ldshackel,

You will have to contact a Tennessee based bankruptcy attorney and refile your Chapter 13 filing. The bankruptcy attorney will better assist you regarding the reinstatement laws of your state.

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wndsely

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Post Posted: Wed May 02, 2012 4:10 pm    Post subject: chapter 13
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I cant pay my chapter 13 lost job can you refile to lower payment been in 2 years don't won't to lose everything whatsy options
wndsely

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Post Posted: Wed May 02, 2012 4:15 pm    Post subject: chapter 13
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I cant pay my chapter 13 lost job can you refile to lower payment been in 2 years don't won't to lose everything whatsy options
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