Posted on: 24th Dec, 2005 10:30am
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 bankruptcy be dismissed?
- What happens after a bankruptcy dismissal?
- Do you have any option after the dismissal?
- How does a dismissal affect your credit?
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:
- You do not pay the fees and costs associated with BK.
- You cause unnecessary delay in your case.
- 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:
- You filed your case in bad faith
- You have filed Chapter 7 even though you can pay off most of your debts through Chapter 13.
- You live a luxurious life even after filing BK.
- Your Chapter 13 case can be dismissed under the following situations.
- You do not file a repayment plan within time.
- You fail to make timely payments.
- 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:
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:
- You had your previous bankruptcy dismissed after a creditor sought relief from automatic stay.
- You did not obey court order.
- 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?
Hello,
I have had problems paying what the court ordered for a couple of years. I had 3 months to make my payments on time but I had to make a partial payment and they dismissed my BK. I filled a Chapter 7 several years back and it was discharged in Feb 03. Can I refile for a Chapter 7? Could I possibly refile for Chapter 13 immediately? I am not to happy with my attorney so I feel no help there now. Could anyone advise on how long the creditors such as my mortgage company forcloses on the house or could I just start making my normal payments to them? If I file Chapter 7 what are the new rules since the changes. Will I have a payment? Thanks in advance.
I have had problems paying what the court ordered for a couple of years. I had 3 months to make my payments on time but I had to make a partial payment and they dismissed my BK. I filled a Chapter 7 several years back and it was discharged in Feb 03. Can I refile for a Chapter 7? Could I possibly refile for Chapter 13 immediately? I am not to happy with my attorney so I feel no help there now. Could anyone advise on how long the creditors such as my mortgage company forcloses on the house or could I just start making my normal payments to them? If I file Chapter 7 what are the new rules since the changes. Will I have a payment? Thanks in advance.
Hi bluelites!
Welcome to forums!
As far as I know, you won't be able to refile Chapter 7 for 8 years after it is discharged. However, you will be able to file Chapter 13 immediately. If you are not happy with your present attorney, you can seek the help of any other bankruptcy attorney. You can check out the given page in order to know about Chapter 7 in details:
http://www.mortgagefit.com/bankruptcy/chapter7.html
If you reaffirm the debts, you would have to make payments and you would become personally liable for the dues.
Sussane
Welcome to forums!
As far as I know, you won't be able to refile Chapter 7 for 8 years after it is discharged. However, you will be able to file Chapter 13 immediately. If you are not happy with your present attorney, you can seek the help of any other bankruptcy attorney. You can check out the given page in order to know about Chapter 7 in details:
http://www.mortgagefit.com/bankruptcy/chapter7.html
If you reaffirm the debts, you would have to make payments and you would become personally liable for the dues.
Sussane
my husband is out on bond for a dometic violence charge when he tried to strangle me. he filed ch 7 and didnt mention this. i need surgery because of the attack and have asked for monies from him in the divorce to cover this. ive talked to the trustee and gave her a lot of info and proof of the filing being fraudulent. is the domestic violence trial affected by this filing of ch 7? also he filed the chp 7 to avoid paying me in the divorce. what can happen in this case
I filed BK in 2002 that was dismissed in 2005. One account from that time frame has apparently been sold to another company. They are contacting me again for payment. Can you tell me what my options are? Are they able to garnishee my wages or other horrible things? I'm finally recovering and just don't know what to do.
To demas,
I would suggest you to contact your divorce attorney and take his help in this regard. If you can prove that the filing is fraudulent, his bankruptcy filing can get dismissed and you would be able to recover the amount that you have asked for.
Hi Guest,
As your bankruptcy has been dismissed, the collection agency will be able to ask you for payments. If you do not pay them off, they will have the rights to garnish your wages. They will have the rights to sue you for the debts. You should contact your collection agency and negotiate for a payment plan to pay off the debts.
I would suggest you to contact your divorce attorney and take his help in this regard. If you can prove that the filing is fraudulent, his bankruptcy filing can get dismissed and you would be able to recover the amount that you have asked for.
Hi Guest,
As your bankruptcy has been dismissed, the collection agency will be able to ask you for payments. If you do not pay them off, they will have the rights to garnish your wages. They will have the rights to sue you for the debts. You should contact your collection agency and negotiate for a payment plan to pay off the debts.
my Bankruptcy case was dismissed due to failure to pay because I was out of work for 2 months. I'm employed again and can afford to make payments now. My attorney mentioned doing a settlement. What does that mean?
what do I still have to pay if my chapter 13 gets dissmised by a court?
If my CPT 13 gets dismissed, after Ive already paid 3 years out of the 5 years; does or do the creditors that I still owe are the only ones entitled to redeem payment?
When the case gets dismissed what amount do I owe?
The amount I started out with before the bankruptcy or the amount that is left after I get dismissed in the middle of the case?
When the case gets dismissed what amount do I owe?
The amount I started out with before the bankruptcy or the amount that is left after I get dismissed in the middle of the case?
my BK was dismissed becauses of missed payments. If I has a car loan what happens with this? will I have to have that loan refinanced or do I go back to the previous payments that I was paying before BK?
I filed bancruptcy chapter 7 on december 22 I did the credit counsling lonline the same day, which I didn't have my phone verification done til the 23rd with the credit counsling so wehn I filed my certificate wit the courts they dismised my case due the certificate having the date of the 23rd, I need to know how this will affect my refiling, and plus I'm still owing the 299 from the dismissel.
Hi stilnome!
As far as I know, if your bankruptcy has been dismissed, you'll have to refile it. I do not have any idea about bankruptcy settlement. I would suggest you to contact your attorney and ask him to clarify it to you. He would be able to assist you in a better way.
Hi lopez!
If your bankruptcy has dismissed, your creditors will have the rights to sue you for your debts. If you're past due on your mortgage, your lender can even foreclose the property. If you want to save your property, you should keep on paying your lender/creditors and clear off their dues. Once your bankruptcy is dismissed, the repayment plan will not remain in vogue.
Hi Guest!
As your bankruptcy was dismissed, you won't get any protection from the bankruptcy court against your creditors. If you've a car loan, you'll have to make regular payments to save it. As far as I know, you'll have to go back to the previous payments that you were paying before bankruptcy.
Hi Vanessa!
You will have to contact your bankruptcy attorney and apply for the refilling of bankruptcy. Your attorney will be the best person to let you know how it will affect you.
Sussane
As far as I know, if your bankruptcy has been dismissed, you'll have to refile it. I do not have any idea about bankruptcy settlement. I would suggest you to contact your attorney and ask him to clarify it to you. He would be able to assist you in a better way.
Hi lopez!
If your bankruptcy has dismissed, your creditors will have the rights to sue you for your debts. If you're past due on your mortgage, your lender can even foreclose the property. If you want to save your property, you should keep on paying your lender/creditors and clear off their dues. Once your bankruptcy is dismissed, the repayment plan will not remain in vogue.
Hi Guest!
As your bankruptcy was dismissed, you won't get any protection from the bankruptcy court against your creditors. If you've a car loan, you'll have to make regular payments to save it. As far as I know, you'll have to go back to the previous payments that you were paying before bankruptcy.
Hi Vanessa!
You will have to contact your bankruptcy attorney and apply for the refilling of bankruptcy. Your attorney will be the best person to let you know how it will affect you.
Sussane
I have 3 months left to pay on my chapter 13. I have not worked since Sept. 25, 2009, and am out of money. My lawyer said he will try to get the judge to let me be clear of it. What happens if the judge won't allow it?
If the judge doesn't consider your attorney's request, your bankruptcy filing can get dismissed and the lender can sue you for your debts.
I recently filed a chapter 7. several yrs ago I bought a house with a boyfriend ,, we were never married,,, We were on verge of breaking up so he refinanced we went to the title company.....now 3 yrs later I am not on the mortgage but my name still appears on the deed. I am sure we did a quick claim deed so he could refinance. This has affected my bankruptcy. Can i request my bankruptcy be dismissed til I get this sorted out. My lawyer says NO but I went and filed not know ing my name was on the house. It should not have been as of 2007. Now that I have seen the trustee things have gone in the wrong direction any info you could help me with
if your name is on the property, then you will have to include it as your asset while filing bankruptcy. you can dismiss your bankruptcy and transfer the property to your boyfriend. however, you won't be able to refile bankruptcy again immediately. you will have to wait for at least a year.