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Bankruptcy dismissal-What to do after dismissed bankruptcy

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

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

Hi,

It happens sometimes even if you are having valid reasons. Don't lose heart if you find your BK dismissed. There are some options you can follow -

If the reason for chapter 13 or chapter 7 dismissal is your willful failure to obey court orders or at your request for dismissal, then you can re-file the case after 180 days of the dismissal.

Just look for the options that may fit in suitable for you. I hope this Christmas will bring happiness and success to you. Wish you Merry Christmas.:)

God bless you.

For MortgageFit,
Samantha

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

Chapter 13 can be filed as soon as your case gets dismissed, but if it is chapter you may have to wait 7 years.

thanks

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

Normally you can re-file immediately after your bankruptcy dismissal. The problem comes when the court bars from re-filing.

As mentioned by Samantha, sometimes the court feels that the debtor acted in bad faith and in that case you need to wait for sometime before you can file it again.

Merry Christmas to all of you.

Regards,
Blue

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

What does it indicate if my bankruptcy was dismissed?

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Remo,

The automatic stay ends with the dismissal and the creditors are allowed to collect debts unless a discharge is entered before the dismissal and is not cancelled. Unless you make an appeal to reconsider the order within ten days, the Clerk will close the case.

Regards,
Blue

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

Thanks for the replies. I shall look for the possible option to re-file my case soon.

Merry Christmas to all of you.

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

Is there any specific reason behind bk case dismissed?

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

Hi Remo,

While filing a BK you have to fill up certain information related to your financial affairs and have to sign it stating all the information provided as true.

Now if it is found that you have intentionally tried to hide some facts then your case may be considered as a fraud one and can be dismissed.

Your case may get dismissed if you try to conceal some of your property by some means or you are found hiding your property or your money from your spouse at the time of divorce.

If you are found to take debts to have luxury items or lying about your income or debts or credit application, then you case may be dismissed by the court.

God bless you.

Thanks,
Samantha

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

my chapter 13 was dismissed. we were behind from a clerical error by the court...they were overcharging us for the first year..which was only caught after we had a hearing on why we were behind the first time...now i have been out of work for 2 months for medical reasons..and am behind again..the case is under motion for dismissal...what are my chapter 13 dismissal options?

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

Hi Jimmy,

Welcome to MortgageFit Forums.

I am sorry to know about your problem and wish early recovery from the troubles.

You can file chapter 13 again after it is dismissed. Consult an attorney whether you can make an appeal to the court.

Your case may considered as there were some mistakes by the court itself.

God bless you.

For MortgageFit,
Samantha

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

my case was dismissed today because my lawyer did not complete the plan ontime . What happens when bankruptcy is dismissed? I have made all payments ontime what do i do

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

Hi Gator,

Welcome to MortgageFit Forums.

I can understand your position and mental condition at present. It's really unfortunate if you are facing trouble for which you are not guilty. I shall advise you to consult a reputed attorney and see if something can be done.

You can re-file a case even when you are dismissed. In case of chapter 13 you may re-file immediately. A good attorney can guide you well in this matter.

I wish you come out of this trouble soon.

God bless you.

For MortgageFit,
Samantha

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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?

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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

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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?

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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.

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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

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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

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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

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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...

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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.

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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

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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

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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.

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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?

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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.

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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?

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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.

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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

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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.

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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

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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 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

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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?

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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.

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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.

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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

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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???

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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.

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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

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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

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