Posted on: 25th Mar, 2010 06:14 pm
we've paid $74k on our chapter 13 bankruptcy and have around $18k left or so.. we have one house on it which is is a secured debt, and one house that was not a mortgage but a credit card co. that we owed for it. we've fallen behind in the payments $6700 to the court, we've lately paid it more randomly than every 2 weeks bcuz of my income has ceased from my business, like we're supposed to and they have sent us a motion to dismiss letter from the court. do you know how long do you have when they send a dismissal notice before they do it or is a dismissal letter mean it is already done? do you think we can get with them and catch it up? we think with our tax money and all we can either catch it up or pay directly to the creditors if they do dismiss it.
the lawyers are trying to get us to refile bankruptcy, but we're so close, we really would rather work it out with the creditors. we should be getting a statement soon so we can tell who we owe and how much. also, we want to use our tax money to help pay this off. that would be gone if we refile also.we don't want to refile again if possible. we realize a dismissal would affect our future credit, but we don't want to get any loans anyway. it could affect my husband's work abilitity with bad crdit but we really don't want to refile again, and would rather work with our creditors if they won't let us work it out. the lawyer will try to talk us out of a hardship, they won't let us do that either. do people work it out with their creditors if not much is left
that they owe? :roll:
the lawyers are trying to get us to refile bankruptcy, but we're so close, we really would rather work it out with the creditors. we should be getting a statement soon so we can tell who we owe and how much. also, we want to use our tax money to help pay this off. that would be gone if we refile also.we don't want to refile again if possible. we realize a dismissal would affect our future credit, but we don't want to get any loans anyway. it could affect my husband's work abilitity with bad crdit but we really don't want to refile again, and would rather work with our creditors if they won't let us work it out. the lawyer will try to talk us out of a hardship, they won't let us do that either. do people work it out with their creditors if not much is left
that they owe? :roll:
Hi cynthia,
The court will pass a judgment based on the dismissal letter and then only your bankruptcy case would get dismissed. You would get proper documents in regards to the dismissal of bankruptcy. You can speak to your bankruptcy trustee and your creditors on order to catch up with the payments. Meanwhile if your bankruptcy is dismissed, then you would be able to refile it.
Thanks
The court will pass a judgment based on the dismissal letter and then only your bankruptcy case would get dismissed. You would get proper documents in regards to the dismissal of bankruptcy. You can speak to your bankruptcy trustee and your creditors on order to catch up with the payments. Meanwhile if your bankruptcy is dismissed, then you would be able to refile it.
Thanks
thanks James. Thing is, we really don't want to refile if any way possible. My husband has a good job at the moment, but he can lose it if he refiles a bankruptcy. Their hiring practices do not include bankrupt employees. This is our only source of income and the only way we can pay the creditors in the first place. The lawyer said that was illegal, but that is a load of crap. He could lose his job at any time for any reason. Their contracts and employees constantly fluctuate and it would be easy for them to get rid of him at any time. They are always bidding for the job and he has lost it before for 2 monthes and that is where we got started on this hit and miss situation with the payments. Things have changed a lot since we first filed for us financially. Do the creditors work things out with ppl very often? We just found out have to go to court in 3 weeks and we're scared to death. Thanks so much for your input! We want to somehow pay off the original one instead of starting over with a new one, like the lawyers are trying to get us to do, if there is an way possible. We'll know more when we get the statement and see who we owe and how much. The trustee said they would send it. We're going crazy over this. Thanks again.
Hi Cynthia!
Welcome to forums!
As your bankruptcy is dismissed, you do not have any protection from the bankruptcy court. Thus, you can negotiate with your creditor and ask for a payment plan so that you can pay it off. However, it's completely the creditor's discretion whether or not he would agree to it.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As your bankruptcy is dismissed, you do not have any protection from the bankruptcy court. Thus, you can negotiate with your creditor and ask for a payment plan so that you can pay it off. However, it's completely the creditor's discretion whether or not he would agree to it.
Feel free to ask if you've further queries.
Sussane
When we first got our letter about the impending dismissal, my hubby called the trustee and got a different lady. She said it would be okay and we could make it up, but that we needed to call our trustee to check on it. The following Monday we called her and she gave us a song and dance about it's the creditors and she couldn't do anything about it. This caused us to majorly panic again bcuz we didn't want to refile as our lawyer seemed to be pushing us to do, we only had 6 monthes left on it. We got her to send us a statement of who we still owed and how much. It turned out most everyone was still owed, they didn't pay any one thing off, but some on each. We got what tiny bit of savings we had and tightened our belts and paid 4 payments in 2 1/2 weeks. When we did finally see our lawyer, which was a week before the court date for the dismissal, he casually saidall we had to do was pay one month's worth of payments before the dismissal date, which we already did. We couldn't understand why the trustee couldn't have let us in on this little tidbit. He also said that they can get one continuance if need be on those, which we didn't know. Part of the problem was we didn't know you had to pay right when you file, not on the original court date. This put us about 2 monthes behind. Then, we paid it on his pay peririod which is bbbi-weekly. It wa
s actully supposed to be every 2 weekes. There are extra weeks every year so times 4 years that's 8 payments behind. We have our tax retunrn money coming and he said to pay the whole think on it as soon as we get it. With this we will be caught up, and as long as we religiously pay it every 2 weeks instead of biweekly paychecks, we sould have it completley paid off by Oct. Anyway, that's our story. Thanks for your forum and that's what we found out about it all! They say up to 36% of ppl don't finish their chapter 13 payments. Interesting. Thanks now. :)
s actully supposed to be every 2 weekes. There are extra weeks every year so times 4 years that's 8 payments behind. We have our tax retunrn money coming and he said to pay the whole think on it as soon as we get it. With this we will be caught up, and as long as we religiously pay it every 2 weeks instead of biweekly paychecks, we sould have it completley paid off by Oct. Anyway, that's our story. Thanks for your forum and that's what we found out about it all! They say up to 36% of ppl don't finish their chapter 13 payments. Interesting. Thanks now. :)
Also our lawyer said if we couldn't make up the difference, the payment would go up. We shuddered at that, we were already living on a pittance, there's no way we could have handled a higher payment. Anyway, these are some points about what we found out about dismissals. Thanks :).