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can my chapter 13 be reinstated?

Posted on: 10th Aug, 2009 01:55 pm
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?
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.

thanks
Posted on: 10th Aug, 2009 08:35 pm
Thanks for replying. Do you know if my lawyer needs to make a motion or appeal?
Posted on: 10th Aug, 2009 09:07 pm
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
Posted on: 10th Aug, 2009 11:08 pm
Reinstate the mortgage or the bankruptcy plan? We want to keep the bankruptcy protection.
Posted on: 11th Aug, 2009 02:56 am
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
Posted on: 11th Aug, 2009 10:08 pm
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.
Posted on: 06th Jan, 2011 07:29 am
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.
Posted on: 06th Jan, 2011 09:23 pm
how can I keep my home, if my bankruptcy was dissmissed. Will the morgage people make arrangments
Posted on: 30th Jun, 2011 05:15 pm
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
Posted on: 30th Jun, 2011 11:07 pm
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.
Posted on: 01st Jul, 2011 02:44 am
what are the Tennessee laws for reinstatement of a chapter 13?
Posted on: 07th Aug, 2011 12:31 pm
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.
Posted on: 07th Aug, 2011 10:28 pm
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
Posted on: 02nd May, 2012 04:10 pm
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
Posted on: 02nd May, 2012 04:15 pm
Can you lower bk payments
Posted on: 02nd May, 2012 04:21 pm
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