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can my chapter 13 be reinstated?

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?

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi sahywrisp,

You can definitely reinstate your [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]Chapter 13 bankruptcy[/url]. 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.

Thanks

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sahywrisp's picture
sahywrisp | Joined: August 10, 2009 01:55 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for replying. Do you know if my lawyer needs to make a motion or appeal?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Thanks

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sahywrisp's picture
sahywrisp | Joined: August 10, 2009 01:55 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Reinstate the mortgage or the bankruptcy plan? We want to keep the bankruptcy protection.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

how can I keep my home, if my bankruptcy was dissmissed. Will the morgage people make arrangments

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Thanks

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sabrinatoss's picture
sabrinatoss | Joined: January 16, 2011 09:00 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what are the Tennessee laws for reinstatement of a chapter 13?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can you lower bk payments

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi wndsely!

Welcome to forums!

If you're facing problems in making your payments as per your bankruptcy payment schedule, then you can contact your bankruptcy attorney and check if he will consider your situation and help you get an affordable and lower payment plan.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was two months away from finishing my plan. I was behind. I sent in 5100 2 weeks after my case was dismissed. The money is still on hand. I still owe 2340 and have that money. I'm in the process of asking my lawyer to ask for reinstatement of my bankruptsy to pay it off in full for a good discharge. Can Ibe granted this reinstatement and will the automatic stay be put back to force also. I have collectors calling. Its been one month and 8 days sence its been dismissed.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi nickaloden!

Welcome to forums!

It will be the discretion of the court whether or not it will allow a reinstatement of your bankruptcy filing.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I voluntary dismiss the case and was granted
The court granted the lift of the automatic stay
Can I renstate the bk and the mortgage
And I will pay the post petition arrears
What are my optiomsb

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Sammy,

You will have to file bankruptcy once again in order to reinstate the automatic stay.

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