What Happens in Chapter 13 Dismissal scaled 1 - Flexer Law

There are various reasons for Chapter xiii dismissal, including payments are likewise high, unemployment, illness, or financial hardship. If you're at gamble of having your Affiliate thirteen case dismissed, it's important to understand the consequences and evaluate all of your options. You lot should always enlist the help of a trusted bankruptcy attorney to ensure you don't make whatsoever decisions that could negatively affect your future.

Why Was My Chapter 13 Instance Dismissed?

Typically, bankruptcy cases are a 60-calendar month commitment. Some individuals might qualify for a 36-month plan. Many things can happen over this period, and there are diverse reasons your Affiliate 13 case might become dismissed, including:

  • Voluntary dismissal — Since a Chapter xiii instance is a voluntary repayment plan, a debtor can quit at any fourth dimension.
  • Missed Chapter xiii payments — Yous must pay your Chapter xiii payments on fourth dimension except for farthermost hardship. In this example, most bankruptcy attorneys will allow for a 3 month suspension of payments. However, the reason for these cases are examined very closely before granting a debtor this grace period.
  • Failed to attend hearings — The court may dismiss your case if yous fail to attend any of your Chapter 13 hearings.
  • Failure to consummate bankruptcy courses — You're required to complete ii defalcation courses in Chapter 13. If you don't complete them, the court may dismiss your example.
  • Failure to file required tax returns — You must file all mandatory tax returns on time for your bankruptcy instance to be eligible.
  • Failure to file all bankruptcy courses — You must consummate all required bankruptcy forms or your instance may be field of study to dismissal.
  • Failure to submit required documents to the Chapter xiii trustee — Some additional documents might be required. If you fail to submit these to the Chapter 13 trustee, your case could be dismissed.
  • Failure to meet deadlines — There are diverse deadlines that you must meet in Affiliate thirteen. Failure to do so tin can result in case dismissal.

What Is the Difference Between Defalcation Dismissal vs. Belch?

Bankruptcy dismissal occurs when yous fail to meet any of the requirements of their case. The bankruptcy court will provide y'all with notice and grant y'all a menses to fix the mistake. If you don't fix it within their given time frame, your case will be dismissed. On the contrary, a bankruptcy discharge is when you're relieved of a big sum of your debts. In turn, the creditors tin't sue you lot or attempt to collect those debts over again in the futurity.

Learn More About Eliminating Debt with Bankruptcy Discharge

How Does a Chapter thirteen Dismissal Refund Work?

Whatsoever money that's undistributed to creditors is returned after a Chapter 13 dismissal. However, before they can return the money to you, the Chapter thirteen trustee must file a detailed study with the court. At this phase, the trustee has the right to deduct any administrative fees from the remaining sum earlier returning the money. Additionally, your bankruptcy chaser can claim any unpaid professional fees, and your case may be subject area to wage garnishment or an IRS levy.

What Are My Chapter thirteen Options If I Confront a Dismissal?

If your case is dismissed, you might be eligible to re-file nether Chapter xiii, depending on the reason for your case's dismissal. If you've filed multiple bankruptcy cases within a short period, the bankruptcy court can deny your asking to re-file correct away. Since Chapter xiii is more circuitous than Chapter vii, navigating this process with a trusted bankruptcy attorney is recommended and worth the investment.

You also might be eligible to re-file under Chapter seven if you're within the income limits. In this instance, you'll want to ensure that available bankruptcy exemptions protect all of your property. Additionally, you might exist able to get rid of unsecured debts in Chapter vii fifty-fifty if your Affiliate 13 example was dismissed.

If you're at run a risk of having your Affiliate 13 example dismissed and you human activity quickly, you might be able to convert to a Chapter 7. You can request to convert past filing a unproblematic detect and paying a conversion fee. A common reason you lot might qualify for converting from Chapter 13 to Chapter 7 is that yous lose your job and can't find comparable piece of work for a while. Withal, you might be at risk of other things if you lot catechumen, such as losing your property because you lot're backside on our mortgage payments or if you have a property that can be liquidated by the Affiliate 7 Trustee. Therefore, it's essential to counterbalance all of your options upfront before making whatsoever decisions that could bear on your fiscal future.

Middle Tennessee's Pinnacle Bankruptcy Attorneys

Navigating the bankruptcy procedure can be daunting. Enlisting the help of a trusted chaser is invaluable and volition ensure a smoother process.

Flexer Law has been serving the legal needs of Eye Tennessee residents since 1981. Our experienced bankruptcy attorneys will work diligently on your behalf to provide the best fiscal outcome for you lot.

We have 3 office locations throughout Centre Tennessee to accommodate your legal needs. Contact the states for a costless consultation, and we'll notice the best solution to go your financial life back on track.

Flexer Law Role Locations

  • Nashville, TN
  • Murfreesboro, TN
  • Columbia, TN