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16 Οκτ 2024 · When a Chapter 13 bankruptcy is dismissed, your case ends and your debts aren’t eliminated. You lose the protection of the automatic stay, which means creditors can start collecting again through wage garnishments, debt collection lawsuits, or even foreclosure.
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23 Αυγ 2023 · When a Chapter 13 case is dismissed, it is, in the view of the court, as though the bankruptcy filing never existed. The automatic stay that had protected the debtor is lifted; creditors may pounce immediately, with results that include:
To stop your Chapter 13 case from being dismissed, you should: Promptly respond to the trustee’s motion to dismiss. Consult with your bankruptcy attorney to explore options for curing any delinquencies.
If you voluntarily dismiss your Chapter 13 bankruptcy, you will likely be able to file again right away. When you attempt to file again within one year of having a previous Chapter 13 case open, you will be granted a 30-day automatic stay that prevents your creditors from contacting you.
11 Ιουν 2021 · On June 9, 2021 the Sixth Circuit reversed the bankruptcy court and held that it could not disregard the specific provisions of the Bankruptcy Code which give a debtor the right to dismiss a Chapter 13 case upon request.
20 Αυγ 2021 · If your case is dismissed, you might be eligible to re-file under Chapter 13, 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 request to re-file right away.
Refiling a Chapter 13 case comes with difficulties. So it's usually best to ask the court to reinstate the original Chapter 13 case before it's closed. If you must refile your Chapter 13 case, expect to encounter the following problems: new legal fees and costs; shortened automatic stay protection; difficulty proving you can maintain a plan, and
