Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Compare Refinance Mortgage Quotes

I filed a BK which was dismissed. Any options left now?

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

I feel that my trustee has given me incorrect information, one time they tell me to claim something, the next time they tell me not to. (someone paid some bills for me during my bankruptcy). can i request a new trustee and start over becuase i do not feel that my paperwork has been correct?

Like | Dislike | Share | Posted: Wed, 03/07/2012 - 15:06 | Post subject:

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

Hi Guest!

Welcome to forums!

You can request the court to provide you with a new trustee but it will be the court's discretion whether or not you will get a new trustee. You can even have a word with your bankruptcy attorney in this matter.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Fri, 03/09/2012 - 01:06 | Post subject:

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

what if i am in a 13 and get a lump sum from ssdi and i spend it without the trustees permission. i have been in 13 for 15 months and surrender my home can they kick me out of bankruptcy...what happens to what is left still owed to my creditors and the house
i live in rochester ny

Like | Dislike | Share | Posted: Fri, 03/09/2012 - 12:15 | Post subject:

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

Welcome georgine,

You shouldn't have spent the lump-sum money that you received from SSDI. You should have given the money to the trustee who could have used it to pay off your creditors. Nevertheless, you should immediately inform the bankruptcy attorney and trustee about the same and check out if you can stop your bankruptcy dismissal.

Like | Dislike | Share | Posted: Fri, 03/09/2012 - 22:42 | Post subject:

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

How long do I have to wait to file bankruptcy if my chapter 13 was dismissed for adverse reasons?

Like | Dislike | Share | Posted: Sat, 04/14/2012 - 09:26 | Post subject:

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

Hi Jody!

Welcome to forums!

The time you need to wait for filing Chapter 13 again may depend upon the reasons as to why your bankruptcy filing was dismissed. If your bankruptcy was dismissed due to late payments, then your bankruptcy attorney can refile it immediately.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 04/16/2012 - 23:28 | Post subject:

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

I filed a chap 13 and missed understood the payment schedule. The week prior to my hearing payments began being withheld from my payroll and continue to do so. When I was informed of the issue at the hearing I made arrangementments and did resolve the back balance the next day. However the court has filed for dismal. They also said my family doesn't need two cars but I work more than full time and my wife attends school full time an hr from our home. I am really feeling taken advantage of and don't know what to do. Could you please give me some advice

Like | Dislike | Share | Posted: Fri, 11/02/2012 - 07:31 | Post subject:

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

Iam a self employed person operating a clothing retail store and I filed chapter 13 thru an attorney. During the hearing, the trustee told me that the total deposit amount in my business bank statement does not tally with the gross sales amount in the profit and lost statement that I submitted. I explain to the trustee that not all of the amounts deposited in the bussiness bank account are sales from the business, some of them are personal loans coming from individuals who are helping us from time to time to sustain the business during this hard times. Later on that day, during the confirmation hearing, my case was dismissd. I was hoping that they will give me a chance to formally explain but they just dismissed my case. What will I do now?

Like | Dislike | Share | Posted: Sat, 11/24/2012 - 14:53 | Post subject:

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

Welcome Sonny,

A query similar to yours has been replied to in the given page:
http://www.mortgagefit.com/Dealing-with-Mortgage-Problems/What-will-I-do...

Take a look at it. I hope it will help you.

Like | Dislike | Share | Posted: Sun, 11/25/2012 - 22:00 | Post subject:

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

After a bankrupcy case is dismissed, can money be returned that was being taken out of my paycheck?

Like | Dislike | Share | Posted: Tue, 03/19/2013 - 09:00 | Post subject:

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

Can dismissed bankruptcy chapter 13 remain on my credit report? and when the case gets dismissed will I be able to get refund of the filing fee?

Like | Dislike | Share | Posted: Thu, 04/12/2007 - 17:57 | Post subject:

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

Gifford, even if your chapter 13 case gets dismissed, it will remain on your report for 10 years from the date the case was filed. And the other thing is that as per statutes you cannot get refund of the filing fees even if the case is dismissed.

Romberg

Like | Dislike | Share | Posted: Thu, 04/12/2007 - 18:04 | Post subject:

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

My chapter 13 is being dismissed because I missed two payments. I missed the two payments because my mortgage went up. Can I appeal this or pay the back payments to make it whole?

Like | Dislike | Share | Posted: Mon, 07/23/2007 - 06:13 | Post subject:

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

You can appeal to consider the missed payments but I think you will have to get back with the payments.

Like | Dislike | Share | Posted: Mon, 07/23/2007 - 22:20 | Post subject:

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

Hi Tara,

Welcome to forums.

If your chapter 13 has been dismissed, you need to request the court so that they reinstate your plan. The court and the trustee will allow for the reinstatement only if you are willing to cover up all the missed payments. Also, you need to ask for the reinstatement only few months after the case has been dismissed.

Thanks

Like | Dislike | Share | Posted: Tue, 07/24/2007 - 03:58 | Post subject:

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

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?

Like | Dislike | Share | Posted: Mon, 03/28/2011 - 15:25 | Post subject:

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

If the bankruptcy filing gets dismissed, then there are chances that you may get back the money. But again, if he has already utilised the money for paying some of your debts, then you may not get it back.

Like | Dislike | Share | Posted: Sun, 05/19/2013 - 23:50 | Post subject:

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

Hello I filed chap13 in oct, I have fallen behind on my mort I did call my lawyer and asked what I can do and was told to work it out with the mort co and that I have 8 mos to live in the house. and the mort co is unwilling to work out any thing

Like | Dislike | Share | Posted: Thu, 07/24/2008 - 16:06 | Post subject:

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Marla.

Welcome to the forum.

I can understand your situation. But you can just request to the mortgage company to work out any repayment plan. Try again and again as the need is yours. But in spite of repetitive request for the work out plans if they cannot help you out then you should try to sell the property and pay off the lender. At least that will not affect your credit report as much as foreclosure. BTW was it a non-recourse loan?

Best of luck,
Larry

Like | Dislike | Share | Posted: Fri, 07/25/2008 - 05:28 | Post subject:

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

my chpt. 13 bankruptcy was dismissed. I have my payment automatically withdrawn from my paycheck each payday and apparently in 4/08 my payment was going to increase. I did not know that this was going to happen so my payments stayed what they were before. I never received a letter stating a dismissal was pending but my attorney did and nothing was done. I have been paying into my divorce for 3 yrs and had 2 more to go. I tried to explain to the trustee a mistake has been made but she told me to file again. will my bankruptcy still be subject to the old law it was originally filed under or the new law passed recently. Do I have any other options....PLEASE HELP ME WITH SOME ANSWERS...

Like | Dislike | Share | Posted: Thu, 07/31/2008 - 10:37 | Post subject:

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mwalker.

Welcome to the forum.

You can file bankruptcy chapter13 again. BTW how much do you owe? Is it a huge amount? You should better pay it off ASAP. BTW payday loan is not a good option and it is better to avoid payday loans.

Best of luck,
Larry

Like | Dislike | Share | Posted: Fri, 08/01/2008 - 03:47 | Post subject:

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mwalker,

I think Chapter 13 will be filed after the new bankruptcy law. But are you sure the trustee said you can file it again? because some states do restrict it and you just re-file within the next 7-10 years. But yes, there are states also, where you can file Chapter 13 again after dismissal. So, let me know the name of your state so that I'll be able to tell if you can re-file.

Hope this helps...

May god bless you.

Samantha

Like | Dislike | Share | Posted: Fri, 08/01/2008 - 06:30 | Post subject:

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

I filed chapter 13 twice within one year because my case was dismissed due a missing document and refiled and stated got in all the documents and then got laid off and now I am working again. It's a year from the first filing, can I file to get back on track.

Thank you

Like | Dislike | Share | Posted: Sat, 10/11/2008 - 00:53 | Post subject:

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi anna!

As you have filed Chapter 13, you are reorganizing your debts. This will bring a positive effect in your credit. You can keep on paying the debts for having a positive affect on your credit. It will not be dismissed. If it is dismissed it will have a bad effect on your credit.

Thanks,

Jerry

Like | Dislike | Share | Posted: Mon, 10/13/2008 - 04:22 | Post subject:

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

My case was dismissed for non payment. I paid on time for 3 years but because of being laid off I was not able to pay anything. Do I have any options from here. Thank you

Like | Dislike | Share | Posted: Fri, 10/24/2008 - 06:16 | Post subject:

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi guest!

Welcome back to the forums!

Once you have declared the [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]Chapter 13 bankruptcy[/url], I don't think you will be able to revoke it. I hope you are paying according to the new plan given by the lender to you? This will help you to rebuild your credit and you can apply for a FHA loan after 1 year of the discharge of the bankruptcy but for conventional loans you will have to wait for 2 years.

Thanks,

Jerry

Like | Dislike | Share | Posted: Sat, 10/25/2008 - 02:15 | Post subject:

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

my chapter 13 is pending a dismissal because mortgage payment went up and is not feasible anymore . what can i do or do i have to look at a foreclosure

Like | Dislike | Share | Posted: Sat, 10/25/2008 - 11:34 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi hanky!

You will first have to speak with the lender and check if he can offer you a solution or if he can offer you some other plan. I don't think the lenders will agree to this. Yes, there are chances that your property can go into foreclosure.

Thanks.

Like | Dislike | Share | Posted: Mon, 10/27/2008 - 01:49 | Post subject:

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

MY Bankrupcy was dismissed can I reaplied

Like | Dislike | Share | Posted: Sat, 11/08/2008 - 20:25 | Post subject:

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi enrique negron,

You can refile if your bankruptcy case has been discharged by the court. If your chapter 13 bankruptcy was dismissed, then you can file as soon as your bankruptcy is dismissed but can only file chapter 7 every 7 years.

Thanks,

Jerry

Like | Dislike | Share | Posted: Mon, 11/10/2008 - 01:23 | Post subject:

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

When my chapter 13 is dismissed due to missed payments how long do I have to move out of the house? I don't want to save the house--I just want to walk away from it.

Like | Dislike | Share | Posted: Wed, 12/10/2008 - 19:56 | Post subject:

sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Remo,

Have you been contacted by your creditors and lenders after the dismissal? Most probably, the lender would like to pursue a foreclosure because your dismissal will make him think that you may not be able to repay your debts. So, chances are that the lender won't allow you to follow an alterrnative repayment plan or a loan modification.

There's no specific time period as to how long you can occupy the property. However, if the lender declared a foreclosure and you don't get a loan workout option, then you can occupy the property for a period of 105-120 days. At the end of this period, the lender would sell off the property at a public auction.

Take care

Like | Dislike | Share | Posted: Thu, 12/11/2008 - 02:00 | Post subject:

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

Our chapeter , we had it dismiss, because of our ARM adjustment. In feb 2007, we filed a chapter 13 and our payments was $1400.00 a month then in June our payment increase to $1650.00 due to the adjustable mortgae and then we got a letter fron the mortgage, our mortgage will adjust again and it would be $1840.00. so we filled for a dismissal, in October 2007 and was discharge in October 2007. My question is, my wife name was on the mortgage and my name was not. Did I need to file bankruptcy also. I am trying to get a mortgage in my name and having problems with Bankruptcy dismissal. Can you help to find somebody who help me get a mortgage. we tryig to get a loan modification from the mortgage company now.
Thank for your help.
Nate

Like | Dislike | Share | Posted: Mon, 01/26/2009 - 09:11 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Nate,

As your name was not on the mortgage, I don't think you needed to file the bankruptcy. Your wife alone should have filed the bankruptcy if she had difficulty in paying the debts.

As the bankruptcy is still showing in your credit report, it will be difficult for you to get a mortgage. You have mentioned that your bankruptcy was dismissed. In that case, you may speak to the credit bureaus and try to negotiate with them if they could remove the bankruptcy from your credit report.

Thanks.

Like | Dislike | Share | Posted: Tue, 01/27/2009 - 01:46 | Post subject:

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

My chapter 13 was dismissed however I filed an appeal and the judge vacated the dismissal but the mortgage company says that they sold my home after the appeal. Can they do that?

Like | Dislike | Share | Posted: Mon, 02/02/2009 - 18:58 | Post subject:

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

Hi Angel,

If the court has passed a judgment to vacate the dismissal, then I don't think the mortgage company can sell off your property. It will be better if you can consult your bankruptcy attorney regarding this.

Like | Dislike | Share | Posted: Fri, 02/13/2009 - 22:26 | Post subject:

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

can I refile a ch 7 bankruptcy if my case was previously dismissed because I didnt go to hearing?

Like | Dislike | Share | Posted: Tue, 02/17/2009 - 18:32 | Post subject:

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

Hi monica,

As far as I know, you will have to wait for 6 months to 1 year in order to refile chapter 7. But I would suggest you to consult your bankruptcy attorney. He is the best person to help you in this regard.

Like | Dislike | Share | Posted: Tue, 02/17/2009 - 23:41 | Post subject:

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

We are in our second round of bankruptcy due to our first dismissal. We had to pay all fees up front totaling 3274.00 because its our second time. We haven't gone to our meeting of creditors yet and now we are considering backing out of the whole bankruptcy. Can we get back any of the lawyer's fee excluding? thanks

Like | Dislike | Share | Posted: Sun, 03/08/2009 - 21:47 | Post subject:

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

Hi sdiana,

I don't think you will get back the the money if you back out from [url=http://www.mortgagefit.com/know-how/filebankruptcy.html]filing bankruptcy[/url] at this stage.

Like | Dislike | Share | Posted: Mon, 03/09/2009 - 22:24 | Post subject:

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

if i get dismissed from a ch 7 how long before i can refile in the state of wisconsin. if i refile will i e assigned a new case number or will it reopen my old case number
thanks

Like | Dislike | Share | Posted: Wed, 03/11/2009 - 10:35 | Post subject:

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

Hi mikey!

Welcome to forums!

As your bankruptcy was dismissed, you can refile Chapter 7 after 6 months. However, you can file Chapter 13 immediately. As far as I know, you will get a new case number for filing again.

Sussane

Like | Dislike | Share | Posted: Wed, 03/11/2009 - 22:25 | Post subject:

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

my chapter 13 has been dismissed for about a 2 years now I think and it is too much for me. Is it possible to do another chapter 13 or would it be best to do a chapter 7 or 11?

Like | Dislike | Share | Posted: Thu, 03/19/2009 - 12:40 | Post subject:

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

Hi vlynn,

In case of dismissal, chapter 13 can be filed after 6 months. As 2 years have passed since your chapter 13 was dismissed, you can definitely file it again. As far as Chapter 7 is concerned, you will have to qualify the Means test first.

Like | Dislike | Share | Posted: Fri, 03/20/2009 - 00:13 | Post subject:

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

was sick and could not make plan payment or mortgage payment. the trustee made a motion to dismiss bankruptcy. i m behind 3 months on each. im so nervous . idont want to be homeless.

Like | Dislike | Share | Posted: Tue, 04/07/2009 - 21:50 | Post subject:

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

Hi ann,

As you did not make the payments, the trustee can file a motion to dismiss your bankruptcy. If your bankruptcy is dismissed, your creditors will have the right to sue you for the debts. I would suggest you to contact your bankruptcy attorney and discuss your options with him. If your bankruptcy is dismissed, then you need to contact your lenders and check out if they can give you any other option.

Thanks

Like | Dislike | Share | Posted: Wed, 04/08/2009 - 21:51 | Post subject:

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

I filed chap 13 in '07. Plan included a 3 unit bldg, 3 credit cards, HomeDepot acct and my car. Last yr, I walked away from the bldg, pd off credit cards & Home Depot. Car is stil on. BK dismissed because I was paying $900 per month. Atty told me he would dismiss BK because car pymt was only $400 p/m. Now tells me Wells Fargo will repo the car. What should I do now???

Like | Dislike | Share | Posted: Thu, 04/09/2009 - 12:12 | Post subject:

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

Hi Linda,

As your bankruptcy was dismissed by the court, your lender will be able to repo the car. You'll have to either pay off the car loan in full or you can negotiate with the lender to get an alternative plan to pay off the car loan.

Like | Dislike | Share | Posted: Thu, 04/09/2009 - 21:10 | Post subject:

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

Was dismised last yea, only like about 4 payments but was unable to make them at that time. Can I file again

Like | Dislike | Share | Posted: Tue, 04/14/2009 - 21:33 | Post subject:

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

Hi DAVIS,

As far as I know, you'll be able to file bankruptcy again. You can consult a bankruptcy attorney and take his opinion in this regard.

Thanks

Like | Dislike | Share | Posted: Wed, 04/15/2009 - 20:45 | Post subject:

Page loaded in 0.123 seconds.