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roses and bells
Guest
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Post subject: filing for chapter 7 |
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| I got an automatic dismissal because the lawyer did not correct the Deficiency filing within 45 days. What are the ramifications,and what can i do now? |
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adonis
Joined: 22 Oct 2005
Posts: 10562
Location: ALASKA
1089.18 Dollars($)
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Post subject: |
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Welcome Guest,
You will have to refile your bankruptcy once again after it has been dismissed. You will have to contact your attorney and he will assist you further in this matter.
_________________
Procrastination is the enemy of your financial success |
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SpunkyMonkey
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Post subject: Dismissed Chapt. 13 |
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| My Chapter 13 BK Case was dismissed without prejudice recently. I made payments on time and in full for five years. In the final month, the Motion to Dismiss was filed by Trustee. For what specific reason, I am unsure. I have contacted Mort Co about loan modification and have filled out all paperwork and returned it to them. Payment was altered to a lower amount. Would it behoove me to refile or just say 'To heck with it,' and make payments to Mort Co from now on? |
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VFlores
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Post subject: After Dismissed Bankruptcy |
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| My case was dismissed because of failure to make a payment. What would be the best course of action? Re file chapter 13 or sell the house and try to pay the creditors by making a payment plan? Am I still bound by court rules or can I try to take care of it on my own? |
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smithsussane
Joined: 18 Sep 2008
Posts: 10439
Location: Alaska
985.83 Dollars($)
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Post subject: |
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Hi!
Welcome to forums!
To SpunkyMonkey,
If you have been making the payments on time, then the bankruptcy trustee cannot dismiss the case. Without waiting any further, you should contact your attorney and trustee and check out why your case has been dismissed. They are liable to clarify the matter to you.
To VFlores,
You can refile your bankruptcy and make payments as per the payment plan and pay off the debts. This will help you in saving your property.
Feel free to ask if you've further queries.
Sussane |
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CONFUSED
Guest
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Post subject: dismissal |
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| i have made all payments for the last 5 yrs on time, we recieved dismissal papers last yr and they extended the plan stating there was other debt that was missed so the trustee extended the plan for 1 to 3 yrs at that point so this time when we received the paper again for dismissal i figure they would extend it again instead they dismissed the bk with a 5000 balance and said we defaulted IM CONFUSED WE HAVE PAID EVERY PAYMENT AND NOW AFTER 5 YRS OF PAYING WE ARE BACK TO LOSING OUR HOME WHAT DO I DO IM SCARED |
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smithsussane
Joined: 18 Sep 2008
Posts: 10439
Location: Alaska
985.83 Dollars($)
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Post subject: |
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Hi Guest!
Welcome to forums!
This is really a tough situation. You should have a word with your bankruptcy attorney and take his opinion in this matter. If you've made all your payments on time, then you should be able to retain the property.
Feel free to ask if you've further queries.
Sussane |
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MERDD
Guest
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Post subject: Bankruptcy dismissal |
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| My husband and I are almost done with our bankruptcy, however for reasons I won't get into on here we are being dismissed. Our cars have been paid in full (from the plan) and arrears are paid in full (from the plan) the only thing that is not paid in full is unsecured debt. Will it be possible to negotiate with our creditors for our unsecured debt after dismissal? Has anyone ever done this? I am assuming our cars and home will be a non-issue as we are paid up on and current on the house and cars are paid off...Thank you |
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smithsussane
Joined: 18 Sep 2008
Posts: 10439
Location: Alaska
985.83 Dollars($)
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Post subject: |
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Hi MERDD!
Welcome to forums!
You will be able to negotiate with your creditors in order to get a payment plan for your unsecured debts after your bankruptcy dismissal. However, it will be creditor's discretion whether or not he will be ready to negotiate with you.
Feel free to ask if you've further queries.
Sussane |
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rgonzales2008
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Post subject: bk dismiss |
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ill file for bk but i never went through the process but the dismiss bk show up on my credit report as dismiss with zero balance how can i remove it  |
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adonis
Joined: 22 Oct 2005
Posts: 10562
Location: ALASKA
1089.18 Dollars($)
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Post subject: |
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Welcome rgonzales,
Though your bankruptcy filing was dismissed, it will be mentioned in your credit report for the next 7 years like any other negative item. You won't be able to remove it from your credit report before that.
_________________
Procrastination is the enemy of your financial success |
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AM
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Post subject: my bankruptcy case chapter 13 was dismiss |
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today we went to the meeting 341 and my lawyer did not tell us about the first check the we have to bring. my case was dismiss because we did no bring the check and the trustee said the we can re-file six months later.
can we file again before six months?
should we find anoather lawyer?
which are our options?
thanks |
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smithsussane
Joined: 18 Sep 2008
Posts: 10439
Location: Alaska
985.83 Dollars($)
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Post subject: |
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Hi AM!
Welcome to forums!
As far as I know, you'll be able to file bankruptcy again within 6 months as your last bankruptcy filing was dismissed. You should definitely find a new bankruptcy lawyer for yourself who will guide you with your bankruptcy filing.
Feel free to ask if you've further queries.
Sussane |
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pondering
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Post subject: payment status |
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| i have been paying on the bk ch 13 for 37 months i have had missed payment and three plan modifications. each time i missed a my payments the modification would increased my payment and now its to the point were i cant make ends meet. my biggest worry is getting IRS pid off which it is everything else i can deal with. I wouold like to know what happens to my money the trustee is holding to pay my depts? will it be consumed by the courts ? will the trustee divide it to pay my depts? or will it be returned to me? or will the trustee consume the funds |
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jameshogg
Joined: 20 Dec 2005
Posts: 10476
Location: Nevada
989.90 Dollars($)
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Post subject: |
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Hi Guest,
As far as I know, the trustee will use the money in order to pay off your debts. Nevertheless, you should have a word with your bankruptcy attorney and he will guide you better in this matter.
Thanks |
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