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Bankruptcy dismissal-What to do after dismissed bankruptcy

If you are facing difficulty to make payments on your debts and want to get rid of them, you can file bankruptcy (BK) to have them discharged. However, in certain situations, your BK case can be dismissed even before your debts are discharged. Bankruptcy dismissal refers to the pre-mature closure of your case prior to getting a discharge. Read through the sections below to find out the reasons behind dismissal and what options you have after the dismissal.

When can BK be dismissed?

  • Chapter 7 can be dismissed under the following circumstances.

    Voluntary dismissal: If you do not intend to go ahead with your BK case, you can request the court to have it dismissed. The judge will dismiss your case, as long as he thinks it does not affect your creditor's ability to collect the debt from you.

    Inability to follow rules: If you fail to follow the BK rules, your case can be dismissed for the following reasons:
    1. You do not pay the fees and costs associated with BK.
    2. You cause unnecessary delay in your case.
    3. You do not file necessary paperwork and fail to provide the court with required information.
    Abuse of Chapter 7: If you abuse the Federal laws regarding chapter 7, it can result in a dismissed bankruptcy under the following circumstances:
    1. You filed your case in bad faith
    2. You have filed Chapter 7 even though you can pay off most of your debts through Chapter 13.
    3. You live a luxurious life even after filing BK.
  • Your Chapter 13 case can be dismissed under the following situations.
    1. You do not file a repayment plan within time.
    2. You fail to make timely payments.
    3. Your repayment plan is not confirmed or your request for additional time to file another plan is denied.

What happens after a bankruptcy dismissal?

Once you file BK, the automatic stay comes into effect. This stops your creditors from taking any action against you, like a foreclosure, garnishment, lawsuit, etc. After the case is dismissed, the automatic stay is revoked and your creditors are free to come after you for the outstanding debts.

Do you have any option after the dismissal?

You always have the option of re-filing bankruptcy after dismissal. However, if you re-file within 1 year of the previous dismissal, the automatic stay will be effective only for a period of 30 days. You will have to file a motion to extend the stay immediately after re-filing your case. The BK judge will assess your situation and will either accept or deny your request for the extension.

However, you cannot re-file your case after dismissal, if your previous Chapter 7 or Chapter 13 case was dismissed within the last 180 days for the following reasons:
  1. You had your previous bankruptcy dismissed after a creditor sought relief from automatic stay.
  2. You did not obey court order.
  3. Your previous filing was considered fraudulent.

How does a dismissal affect your credit?

A dismissal affects your credit in a negative way. It shows up on your credit report for 7-10 years, though its adverse impact diminishes with time.

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 filed bk chapter 13 everything went well i made my payments on time to the trustee, even my mortgage payments, my bank inform me since their doing a modification to hold back 2 months which i did and make the full payment the following month which i did my attorney even knew about this then all of a sudden i got a letter from court saying my case was dismiss now its been a month i been talking to my attorney secretary and not him i seen nothing yet,no call back or anything what can i do

Like | Dislike | Share | Posted: Mon, 10/18/2010 - 20:51 | Post subject:

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

My husband and I are in Chapter 13 due to my mental illness. I have had a hard time with keeping a job and repaying my part of the BK. I also have to see a Doctor and take Medication to control my illness. Im afraid that the trustee will dismiss our case cause i am unable to pay. We had it modified but did not help. Need to file 7. My question is: If we dismiss our Chapter 13 before the court does, how soon can we file 7? We live in Tennessee

Like | Dislike | Share | Posted: Tue, 10/26/2010 - 21:44 | Post subject:

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

We paid every payment on time for 5 yrs and are being told now that it's not enough. We still owe and now it's been dismissed. The mortgage is threatening foreclosure. We feel as though the lawyer and trustee just took our money and did nothing to help. We owe more to some people now then we did 5 yrs ago. Any recourse?

Like | Dislike | Share | Posted: Tue, 12/14/2010 - 04:54 | Post subject:

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

bk dismissed. didn't realize I WAS 3 mos. behind. can creditors immediately come get truck, etc. should I call bk court and ask for appeal and a stay? help

Like | Dislike | Share | Posted: Thu, 01/06/2011 - 16:04 | Post subject:

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

Hi!

Welcome to forums!

To Curios,

After your Chapter 13 plan is dismissed, it would be the discretion of the creditors whether or not they would let you pay as per the monthly payment plan. In most cases, the lender will not allow it.

To Cheri,

As far as I know, you will be able to file Chapter 7 after 8 years of your previous filing. I would suggest you to have a word with your bankruptcy attorney and the trustee in this matter.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Tue, 06/01/2010 - 00:16

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

Hi!

Welcome to forums!

To Marge,

If you do not pay your obligations to the court, there are chances that your bankruptcy would be dismissed. Thus, the lender will get the rights to foreclose the property. It will affect your credit and you would be liable to clear off the deficient amount resulting from the foreclosure sale.

To Fl Walker,

I don't think you would be able to sell off your property before your Chapter 7 discharge. The property is included in bankruptcy and the trustee will not allow you to sell it off.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 12/02/2009 - 20:11

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

Hi kaye,

In bankruptcy filing, you will either get your mortgage discharged or get a repayment plan to pay off the dues under court supervision depending upon the type of bankruptcy you file.

Thanks

Like | Dislike | Share | Posted: Tue, 01/04/2011 - 20:19

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

We claimed chapter 13 and have 223.00 left , we didn't turn in our taxes or any tax refund..If we don't turn them in within 15 days we will be dismissed..We don't have any of the refund left..Our attorney lost his license to practice, What are our options?

Like | Dislike | Share | Posted: Tue, 08/17/2010 - 12:24 | Post subject:

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

due to missed court dates with creditors, I did not receive any information on whevery pay my court date. My payments were being taken out every pay period and then my case was dismissed on 5/20/2010. How do i go by getting my refund back after a deduction was made after the dismissed date? I had to get another attorney to file my case and started a different case, does this money go towards my new bankruptcy case?

Like | Dislike | Share | Posted: Mon, 07/12/2010 - 19:43 | Post subject:

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

Hi anonymousemt!

Welcome to forums!

It will be better if you could use that military monetary bonus to pay off your dues under the Chapter 13 repayment plan.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 01/10/2011 - 23:54

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

I want to stop and dismiss my BK and pay off the debt myself through negotiations. I was out of work for a while, but am back on my feet with some money in the bank now and since it's not final, I want to dismiss it. My attorney is saying that it has to go through and I have to give her the money to give to a trustee, to pay off the debt, plus play the trustee another $2000. This does not seem right. I'd rather pay off my own debt and save that money. Any thoughts?

Like | Dislike | Share | Posted: Mon, 01/24/2011 - 17:18 | Post subject:

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

Will my case be dismissed if I owe the irs during my bankruptcy?

Like | Dislike | Share | Posted: Sun, 03/07/2010 - 14:03

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

I filed for an extention and the Court Clerk did not enter the extention until the following afternoon after the Case Manager dismissed the case. What can I do to have the decision overturned?

Like | Dislike | Share | Posted: Thu, 03/11/2010 - 20:28 | Post subject:

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

my bankruptcy was dismiss last year because we had file already and our years wasn't up to refile. can you tell me how can I get this off my credit report asap

Like | Dislike | Share | Posted: Sun, 04/11/2010 - 10:54 | Post subject:

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

My bk was dismissed bc my lawyer did not follow through with her obligations. Now I have the bk on my record and did not reap the benefits of the BK. The lawyer ended up being verbally reprimanded by the state bar. Is there any way to get the Bk off my credit?

Like | Dislike | Share | Posted: Tue, 11/02/2010 - 10:53 | Post subject:

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

Hi aprilcoder!

Welcome to forums!

Once your bankruptcy filing has been dismissed, you will have to refile it. You should contact your bankruptcy attorney and take the required steps in order to refile it.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Fri, 12/10/2010 - 00:11

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

My chapter 13 case was dismissed because my attorney and I missed a court date. I was unaware of the court date and my attorney was sick. As a result, my car was repossessed. I immediately contacted my attorney. He acknowledged his mistake and said he would fix it. My car is due for sale tomorrow and the court has not received a motion to re-open. My attorney lied and said he filed a motion he did not. He said even if he had filed the motion, I would not get my car back if my case was re-opened within the time frame I had for the notice of sale from the lien holder. Is that correct or is his yet telling me another lie?

Like | Dislike | Share | Posted: Mon, 01/11/2010 - 14:57 | Post subject:

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

Hi rand!

Welcome to forums!

Your bankruptcy attorney is the best person to guide you in this matter.

Sussane

Like | Dislike | Share | Posted: Wed, 12/22/2010 - 20:46

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

My case was dismissed in Jun 2009, and creditors are asking for payment what if I can't repay them is it lawful for them to garish my wages.

Thanks
looking for answers

Like | Dislike | Share | Posted: Sat, 09/18/2010 - 07:32 | Post subject:

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

Hi!

Welcome to forums!

To Wen Wen,

It will be better if you could take the help of an attorney while refiling your bankruptcy. The attorney will guide you as to what steps you need to take in order to refile it.

To Guest,

If your bankruptcy filing has been dismissed, then you will have to refile bankruptcy if you wish to get rid of your debts.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Tue, 10/19/2010 - 01:53

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

Hi Carolyn,

Though the bankruptcy filing has been dismissed, it will remain mentioned in your credit report for the next 7 years. I don't think you'll be able to remove it from your credit report now.

To kip,

You did not complete the repayment plan offered to you when you filed Chapter 13. So, the creditors will have the rights to come after you and collect the rest of the balance. As far as statute of limitations(SOL) is concerned, it will depend upon your state laws.

Thanks

Like | Dislike | Share | Posted: Fri, 10/08/2010 - 00:37

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

I got an automatic dismissal because the lawyer did not correct the Deficiency filing within 45 days. What are the ramifications,and what can i do now?

Like | Dislike | Share | Posted: Tue, 03/22/2011 - 11:03 | Post subject:

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

I got an automatic dismissal because the lawyer did not correct the Deficiency filing within 45 days. What are the ramifications,and what can i do now?

Like | Dislike | Share | Posted: Tue, 03/22/2011 - 11:03 | Post subject:

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

What happens if your house was in forclousure and was stopped by Bankrupty. My payment was 1600.00 per month, leaving me with a negative balance of 498.00 and buying no food.

Like | Dislike | Share | Posted: Tue, 01/04/2011 - 08:18 | Post subject:

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

I had to file a chapter 7 bk in September 2002 and I'm now facing it again I thought the laws said you could file again after 7 years now I'm being told it's 8 years what do I do as I have already filed the chapter 7 and my creditors meeting is at the end of June.

Like | Dislike | Share | Posted: Fri, 05/28/2010 - 10:40 | Post subject:

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

Question: At my attorney 's suggestion I applied for personal bankruptcy
in Maryland over 7 years ago. Within a few weeks withdrew petition. It is still showing up on credit reports. What can I do? Bankruptcy was not inacted or dismissed it was withdrawn.

Like | Dislike | Share | Posted: Mon, 03/22/2010 - 14:54 | Post subject:

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

My BK 13 was filed 4/30/09 mainly to try to save my home. I am ignorant as to what actually is happening other than I am paying around $2600 per mo. to the trustee. 99% I was told would pay the two mortgages on my home and the unsecured debtor would get the rest. I was totally unaware that my mortgage companies have received NOTHING of what I have been paying in so far because my case has not been 'confirmed.' This means I will not have mortgage interest to deduct when I file my taxes. I rely on the refund to pay my past due Property Taxes. Now I can't do that. It is just a mess. If I choose to dismiss my 13 will the money I have been paying to the trustee be refunded to me? Or, at least will they use the funds to pay the mortgage companies? Finally, a dismissal means my unsecured debtors will once again come after me. What is the worst that can happen beyond everyone suing me and having 25% of my wages garnished? I could still pay my mortgages. My unsecured debt is about 50K. Is it possible that ALL my big unsecured debtors will come after me again or have they possibly written it off?

Like | Dislike | Share | Posted: Sun, 02/21/2010 - 12:43 | Post subject:

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

Hi anonymous,

The [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]chapter 13 bankruptcy[/url] filing of your ex has been dismissed. In such a situation, the lender will be able to come after both of you in order to recover the dues. If your ex would have received a discharge from the bankruptcy filing, then you would have been responsible for the dues in full.

Hi Guest,

You can convert your Chapter 13 bankruptcy filing into Chapter 7. But you've mentioned that your bankruptcy filing has been discharged. In that case, you'll have to file the bankruptcy afresh. You should contact your bankruptcy attorney and check out whether or not you qualify for Chapter 7 filing.

Thanks

Like | Dislike | Share | Posted: Mon, 10/11/2010 - 01:05

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

Hi lo!

Welcome to forums!

The lender can foreclose the property though you file bankruptcy as the mortgage is in the name of your mother. You should rather contact the lender and check out if you can transfer the mortgage in your name. However, as the property is in foreclosure, it'll be difficult for you to assume the loan in your name.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Fri, 11/05/2010 - 00:20

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

I forgot to mention that my FIRST mortgage is around $250k, while my SECOND is around $95k. Can the 2nd mortgage company force a foreclosure on my property? I guess what I am getting at is I dismiss my 13 BK, what "power" does the 2nd mortgage co have? Can they sue along with other unsecured debtors and become part of what I think would be my 25% wage garnishment? I want to pay everyone what I can, but my current 13 BK leaves me with $900 per month to pay for EVERYTHING. I have to do something. I will try to sell my house, what about in the meantime? Home sales are slow and it is likely thay I owe MORE than the home is worth. Sorry for the long question. My state is ARKANSAS.

Like | Dislike | Share | Posted: Sun, 02/21/2010 - 12:58 | 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 and I want to know how long will I have to file appeal?

Like | Dislike | Share | Posted: Wed, 12/09/2009 - 12:09 | 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 in 2001, And I still have an automobile that the creditor never picked up and they still have the title. What can I do?

Like | Dislike | Share | Posted: Wed, 02/02/2011 - 10:16

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

My husband and I are in a chapter 13 plan. We owe federal and state taxes that are being paid through the plan. We files married filing separate this past year. My husband owes too much to go into a payment plan, so the irs want us to modify our plan to include his taxes. I am not liable for his taxes!! Can they do this??

Like | Dislike | Share | Posted: Wed, 03/02/2011 - 11:41 | Post subject:

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

Hi Quickwitt,

Bankruptcy dismissal will stay in your credit report for 7 years. I don't think you will be able to remove it before that.

Like | Dislike | Share | Posted: Mon, 11/14/2011 - 22:05

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

i had filed bk and was paying on it for about 4 years i almost had it paid off but once again got in too mmuch debt so it was dismissed and now i have even more debt than befroe can i file bk again now?

Like | Dislike | Share | Posted: Fri, 02/04/2011 - 15:28 | Post subject:

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

Hi Guest,

When did the credit card company charge off the account? The stature of limitations (SOL) will be calculated from the day the credit card company charges off the loan. If the time period of the SOL has been over, then the collection agency will not be able to collect the dues from you. In that case you may not settle the dues. However, if the SOL is not over, then you should settle the dues with the collection agency.

Thanks

Like | Dislike | Share | Posted: Mon, 08/30/2010 - 00:22

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

Hi Ljkj,

If the bankruptcy filing has been dismissed, then the lender has the rights to foreclose the property. In such a situation, I will suggest you to contact another bankruptcy attorney and check out if he or she can help you in this matter.

Thanks

Like | Dislike | Share | Posted: Tue, 12/14/2010 - 20:35

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

I filed BK approx 6 years ago. The lawyer filed it without telling me he was filing it on any particular day. So, I was unable to provide him all the documentation he needed by this unknown deadline. I have since negotiated all my debts and have been debt free for about 3 years. I have gotten all the creditors to modify the status of my individual accounts to show "paid as agreed" or "Paid in Full" etc. My question is; can i request for this BK (dismissal) to be removed? Or since I paid back the dents as agreed could it be converted to a 13 in some way to only reflect on my credit for another year, as apposed to the 10 yr drop off for a true Chapter 7?

Like | Dislike | Share | Posted: Sat, 11/12/2011 - 01:37 | Post subject:

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

We live in Florida and are in a 100% repayment chapter 13. If We receive a military monetary bonus, are We entitled to keep it? Thank you.

Like | Dislike | Share | Posted: Fri, 01/07/2011 - 12:32 | Post subject:

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

If you file bankruptcy now, you will have to include the lot in your filing. You can transfer the property to your daughter now and wait for at least a year and then file bankruptcy in order to get rid of your other dues.

Like | Dislike | Share | Posted: Mon, 01/31/2011 - 02:07

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

thanks for your advice Adonis. I really Appreciated

Like | Dislike | Share | Posted: Wed, 06/30/2010 - 17:46

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

Hi Guest,

If you do not pay back the refund, then your bankruptcy filing will get dismissed. You should immediately contact another bankruptcy attorney and take his opinion as to what steps you need to take so that you bankruptcy filing doesn't get dismissed.

Thanks

Like | Dislike | Share | Posted: Tue, 08/17/2010 - 23:34

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

Hi WINSTON!

Welcome to forums!

If the case would have re-opened on time, then the sale would not have taken place as there would have been an automatic stay on your creditors which would have barred them from taking any actions against you.

Sussane

Like | Dislike | Share | Posted: Mon, 01/11/2010 - 22:04

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

I have money sitiing in my "balance on hand" from payments that were not disbursed before my case was dismissed. What happens to that money? Will I get it back or will they give it to my creditors? We are refiling for ch 13 this week.

Like | Dislike | Share | Posted: Mon, 11/15/2010 - 05:05

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

Hi melba,

You need to contact your original bankruptcy attorney and check out what you need to do in order to get the refund. If you get a refund, then you can use that extra money towards your new bankruptcy case.

Thanks,

Jerry

Like | Dislike | Share | Posted: Tue, 07/13/2010 - 02:46

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

Hi cherby,

As far as I know, you will be able to file [url=http://www.mortgagefit.com/bankruptcy/chapter7.html]Chapter 7 bankruptcy[/url] 8 years after your previous Chapter 7 filing. You should speak to your bankruptcy attorney and he will help you further in this matter.

Thanks

Like | Dislike | Share | Posted: Wed, 10/06/2010 - 01:32

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

Welcome Ms. John Doe,

I must say that you're in a tough situation. You should let the bankruptcy court, trustee as well as your attorney know about your financial crunch and plead your case with them. You will have to somehow convince them so that you can get a discharge from your debts.

Like | Dislike | Share | Posted: Wed, 10/19/2011 - 21:55

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

Hi Lyn,

Was your mortgage included in your bankruptcy filing? If not, then non-payment of the dues will not affect you or dismiss your bankruptcy. However, if you constantly default in your mortgage dues, then the lender will foreclose the property. You can amend your bankruptcy filing and include your mortgage into it. As per Chapter 13, you'll get a payment plan to pay off the loan.

Thanks

Like | Dislike | Share | Posted: Sat, 04/24/2010 - 00:11

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

I FILED PAPERS FOR [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]CHAPTER 13 BANKRUPTCY[/url], BUT HAVEN'T BEEN TO COURT YET. I AM THINKING ABOUT NOT GOING TO COURT AND NOT GOING THROUGH WITH THE BANKRUPTCY. IF I DON'T SHOW WILL MY CASE BE DISMISSED ANF THROWN OUT?

Like | Dislike | Share | Posted: Fri, 09/03/2010 - 07:35 | Post subject:

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

Hi WisFranNeedsHelp,

As you want to get the bankruptcy filing dismissed, you won't have to pay any thing to the trustee and the lawyer. You should contact the bankruptcy trustee and sort out the matter with him.

Thanks,

Jerry

Like | Dislike | Share | Posted: Tue, 01/25/2011 - 01:10

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