Obviously none of us here know the details of the dismissal, but if the only problem is missing paperwork, that usually can be fixed by a motion to reopen. Bear in mind that email is often unreliable and you can't blame your lawyer if he didn't receive your email.
Full Answer
Mar 15, 2014 · Either contact your attorney or a new attorney to see if this is possible in your case and do what it takes to get it done in a timely fashion. sometimes, if you think your attorney may not have done something, you need to follow up, too... Helpful Unhelpful 0 comments Derek R. Caldwell View Profile Chapter 13 Bankruptcy Attorney in Raleigh, NC
Jan 16, 2019 · Filing bankruptcy an stop the garnishment, or enable you to get your license back. There is no set deadline for filing either a chapter 7 or chapter 13 bankruptcy. However, the longer it takes your lawyer to file the bankruptcy, the longer your wages will continue to be garnished or your license will be suspended.
Chapter 13 bankruptcy allows you to stop paying many overwhelming debts and manage the rest of what you owe. However, if your creditors do not file proofs of claim, you could still owe certain debts and be behind on payments at the end of the bankruptcy process. A Chapter 13 bankruptcy attorney can help make sure this does not happen.
If you don't make your Chapter 13 bankruptcy monthly plan payments, the bankruptcy trustee will ask the court to dismiss your case. If the court does dismisses your Chapter 13 bankruptcy for nonpayment, you may be able to appeal the dismissal to a higher court. However, in most cases you can work something out before the case is dismissed, or refile a new case after dismissal.
If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.
The bankruptcy public record is deleted from the credit report either seven years or 10 years from the filing date of the bankruptcy, depending on the chapter you filed. Chapter 13 bankruptcy is deleted seven years from the filing date because it requires at least a partial repayment of the debts you owe.Jul 31, 2018
If you don't make your Chapter 13 bankruptcy monthly plan payments, the bankruptcy trustee will ask the court to dismiss your case. If the court does dismisses your Chapter 13 bankruptcy for nonpayment, you may be able to appeal the dismissal to a higher court.
11 U.S.C. § 1307(c). The court may also dismiss or convert the debtor's case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case.
If your request to pay off Chapter 13 early is approved by a court, you'll be required to pay 100 percent of the debt claims on your bankruptcy case. This includes unsecured debt, such as credit cards, which would've been discharged if you'd kept making Chapter 13 plan payments on the original schedule.Jul 13, 2021
In most Chapter 13 bankruptcy cases, you cannot finish your Chapter 13 plan early unless you pay creditors in full.
In a Nutshell As soon as a bankruptcy case is dismissed, the automatic stay ends and collections can resume. You can either reinstate your case or file a new bankruptcy one.
The court can either dismiss it or discharge it. According to the United States Courts, the goal should be a discharge because this means the court accepts your bankruptcy case and forgives your debts. A dismissal occurs when something goes wrong with your case and the court is unable to finalize the bankruptcy claim.Apr 14, 2021
Chapter 13, or “Wage Earners' Plan,” allows consumers a way out of financial calamity short of having to liquidate precious assets. Chapter 13 bankrupts enter a repayment plan lasting 3-5 years; at the end of the period, all debts that haven't been repaid are discharged.Oct 1, 2021
Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. Under relevant bankruptcy law, a debtor should enroll and successfully finish a credit counseling course from an institution approved by the United States Trustee's Office. Otherwise, it is likely the bankruptcy case will not push through.
Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.Jan 23, 2022
If you want to continue with your Chapter 13 bankruptcy, you must make timely plan payments to the bankruptcy trustee every month. The trustee keep...
When the trustee files the motion to dismiss, you will have a chance to review and oppose it. If you don’t oppose the trustee’s motion, the court w...
If you can’t afford to make your monthly Chapter 13 plan payments, you may have other options available to you including: 1. modifying your plan to...
If the court dismisses your Chapter 13 bankruptcy, it can do so with or without prejudice. Most cases are dismissed without prejudice – meaning tha...
As we discussed, the court or the trustee will typically work with you to resolve a motion to dismiss. Further, if your bankruptcy is dismissed wit...
Legal Malpractice. Much of the work lawyers do involves filing various documents. Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy ...
However, your lawyer must file a notice of appeal within 30 days after the judgment is final. Failure to appeal within 30 days terminates your right to appeal, regardless of how strong your case may be.
As you probably know, a lawsuit must be filed before the statute of limitations expires. In Ohio, statutes of limitations apply to every type of lawsuit a client might want to file. Statutes of limitations vary, depending on the nature of the lawsuit. If a lawsuit is not filed within the applicable limitations period, the client loses the right to pursue that claim.
Summary judgment is a relatively common procedure for eliminating seemingly weak claims based on a written motion in lieu of trial. If you have a strong case or defense, you may avoid the time and expense of trial if your lawyer files a motion for summary judgment on your behalf.
If your home or business property is in foreclosure, filing a chapter 13 bankruptcy may enable you to keep the property if you can make payments during the bankruptcy to resolve the debt that led to the foreclosure.
During a lawsuit, all parties have the right to request information from other parties concerning their respective claims and defenses. This process, known as “discovery,” can include requests for documents, requests for answers to written questions (interrogatories), and requests for the responding party to admit some or all allegations in the requesting party’s complaint. Responses to discovery requests are subject to time limits.
If someone who owes you money files a bankruptcy petition, you will receive a notice requiring you to file a proof of your claim in the bankruptcy court. Even if you have no security interest—a lien or mortgage—in property owned by the debtor, there may be some assets that can be sold to pay part of the debt owed to you. If your lawyer fails to file this claim within the time provided in the notice, you will probably forfeit any amount that you otherwise might have recovered from the bankruptcy estate.
When you file Chapter 13 bankruptcy, you must provide a list of your creditors and debts. You can use the Chapter 13 repayment plan to get current with your secured debts (like a house), and your unsecured debts (like credit card debt) will be discharged at the end of the bankruptcy process. However, each of your creditors must file a proof ...
When you file your petition for Chapter 13, all creditors you list will receive notice that you are filing bankruptcy. Then, they have 90 days to file a proof of claim after the meeting of creditors. The only exception is government bodies, which have 180 days.
However, the secured creditor still must file a proof of claim to be paid. If a secured creditor fails to file proof of claim, then you will not make any payments toward what you owe on your house or car during your repayment plan. At the end of the bankruptcy process, to keep the collateral, you will still owe the full amount ...
If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor. In some cases, lack of a proof of claim may benefit you. On the other hand, if you owe secured and/or nondischargeable debts, it may be in your best interest to file a proof of claim on your creditor’s behalf.
Nondischargeable debt. Certain debts are nondischareable in bankruptcy, even though they are not secured. This include certain tax debts, student loans and child/spousal support payments. Like secured debt, it is often best to file a proof of claim for these debts yourself, if your creditor does not.
The benefits of bankruptcy include the ability to get rid of some of your burdensome debt and more effectively manage what remains. However, if a creditor fails to file a proof of claim, you could still face financial difficulties after your discharge.
Unsecured debt. This type of debt, which includes credit card bills and medical debt, is usually fully dischargeable in bankruptcy. This means that, regardless of whether your creditor files a proof of claim, these debts will be forgiven at the end of the bankruptcy process. Therefore, you typically do not have to do anything if an unsecured ...
If you can't afford to make your monthly Chapter 13 plan payments, you may have other options available to you including: 1 modifying your plan to reduce your payment amount 2 requesting a hardship discharge, or 3 converting to Chapter 7 bankruptcy.
If you wish to appeal your dismissal, you must file a notice of appeal within 14 days after your case is dismissed (but you can also file a motion for an extension of time). In addition, you will need to file other formal paperwork (such as a legal brief) ...
If the court dismisses your Chapter 13 bankruptcy, it can do so with or without prejudice. Most cases are dismissed without prejudice – meaning that you can file another bankruptcy case right away.
If you don't make your Chapter 13 bankruptcy monthly plan payments, the bankruptcy trustee will ask the court to dismiss your case. If the court does dismisses your Chapter 13 bankruptcy for nonpayment, you may be able to appeal the dismissal to a higher court.
If you can't afford to make your monthly Chapter 13 plan payments, you may have other options available to you including: modifying your plan to reduce your payment amount. requesting a hardship discharge, or. converting to Chapter 7 bankruptcy.
In the case of chapter 13 discharge, you will have to wait for two years before you can file for fresh filing for chapter 13. However, if your chapter 13 is dismissed, you can refile immediately. You can file twice or thrice. However, when you refile the second time within one year, you will get an automatic stay of only one month.
How Do Chapter 13 Bankruptcy Dismissals Affect You? 1 Your credit rating goes down by 100-150 points. It’s downgraded more when your credit ranking is higher. 2 Ability to get a loan or mortgage decreases drastically. This will continue for 7 years since the dismissal date. 3 If you are filling for afresh for chapter 13 after dismissal, you have to re-do the credit counseling course, and that involves fees. 4 The second time you file for chapter 13, you get the automatic stay for a finite time. If you are filling for the 3 rd time after dismissal, you get no automatic stay at all. The debtor’s legal shield is withdrawn automatically.
You may have no other option but to file for chapter 7. That means an end to all your business and properties except the basic non-exempt ones. Otherwise, it can also mean chapter 13 refilling. And that’s not easy.
Disposable income = Income – your normal expenses. The expenses here are calculated in a predefined, standard format. Because you are applying for bankruptcy discharge, you will be allowed expenses which will allow a frugal lifestyle only. Income above that will be disposable income.
There are several reasons why a Chapter 13 case can be dismissed. Some are the same as for Chapter 7 cases. Things like not paying the court filing fee, not properly preparing for and attending the meeting of creditors, and not filing all required bankruptcy forms. Other reasons why a Chapter 13 bankruptcy case may be dismissed are: 1 Failing to pay the Chapter 13 payments 2 Failing to meet certain deadlines 3 Failing to propose a Chapter 13 plan that complies with bankruptcy law 4 Failing to submit the required documentation to the Chapter 13 trustee 5 Failing to file tax returns every year and submitting a copy to the trustee
Once a bankruptcy case is dismissed, the automatic stay is no longer in effect. That means creditors can take all collection action allowed by law. Collection activities may include collection letters, debt collection lawsuits, wage garnishments, repossessions, and foreclosures.
A Chapter 13 bankruptcy case is a debt reorganization. When you file under Chapter 13, you propose a repayment plan for your debts. You make a payment each month to a Chapter 13 trustee who pays your creditors according to the terms in the Chapter 13 plan. The amount of your Chapter 13 plan payment depends on several factors.
In some cases, you may pay some creditors outside of the plan, such as your mortgage payment. A Chapter 13 bankruptcy lasts anywhere from 3 - 5 years.
In a typical no-asset Chapter 7 case, you can eliminate your debts within four to six months after filing your bankruptcy petition with the bankruptcy court.
Converting to a Chapter 7 Case to Avoid a Dismissed Chapter 13 Case. Depending on why you’re at risk of having your Chapter 13 case dismissed, you may be able to convert it to a Chapter 7 case. Most bankruptcy courts allow you to do so by filing a simple “notice” and paying a small conversion fee.
Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in... read more about Attorney Jonathan Petts
If your Chapter 13 case is dismissed for nonpayment of plan payments, the automatic stay is lifted and creditors may resume collection activities against you. You will again owe the full amounts of your debts, and creditors can bring actions to attach wages and property.
If you believe that your original Chapter 13 plan will succeed, it's often best to avoid the need to refile your Chapter 13 case by making a motion to reinstate you case. You have to file the motion to reinstate before the trustee actually closes the case.
If your case is dismissed, you can refile your Chapter 13 case. Essentially, this means you are starting anew. You must prepare a new petition, schedules, and plan based on your current situation. A new filing fee will be due also. You must take credit counseling again if it has been more than 180 days you completed it the first time.
When it comes to the automatic stay, there is a major difference between an original filing and a refiling. If you refile your case within one year of your first case's dismissal, the automatic stay protecting you from actions by your creditors will last only 30 days.
If your lawyer is not returning your calls or responsive to you, you picked the wrong attorney. You should continue to try to get hold of him, but I would send him a letter giving him a specific date by which to respond and tell you exactly what he intends to do to remedy the situation.
Improperly filed schedules or statements can cause a dismissal; but if the documents are filed properly and a motion to reinstate is filed soon, then this should be easy to fix.#N#You do not have a lot of time to get this fixed, so if the problem happened within...
Talk to your lawyer to see what s/he is willing to do to resolve the problem. I find it hard to believe that the case was dismissed simply because the formatting on the creditor matrix didn't conform to the local rules.#N#Hope this perspcctive helps!
If you will be receiving an inheritance (either real estate or cash), then you must tell your bankruptcy attorney.
In fact, typically a Chapter 13 case must last for at least 36 months and can continue for as much as 60 months, or 5 years.
The Estate is comprised of all of your assets, with just a few exceptions. Generally, any real estate or vehicles you have will be a part of the Estate. Any property, real or personal, that is a part of the Estate cannot be sold or transferred unless the Court approves the transfer.
If you’re in a car wreck or you’re injured while you are in a Chapter 13 case, and you are considering filing a lawsuit to recover for your injuries, make sure you tell your bankruptcy attorney. When you’re in a Chapter 13 case, you have a duty to disclose lawsuits to the Court.
Every person who files bankruptcy must take a credit counseling course before the case can be filed. At Bond & Botes, we assist our clients in the process by helping them get in touch with certified credit counseling agencies. If you are filing pro se, then be aware that your case can be immediately dismissed if your file before you’ve completed a credit counseling course.
Suppose you are in a car wreck and your insurance company is going to be paying you the proceeds from your insurance policy to help you buy a new vehicle. Before your insurance company can do so, the Court has to enter an order directing the insurance company where to send the funds.
A Lawyer Can Help. As always, a knowledgeable bankruptcy attorney can help you with all of these issues. The standard forms for bankruptcy have been modified in an effort to make them easier to read and understand, but bankruptcy is still a complicated area. Even other attorneys tend to avoid bankruptcy law!
If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: 1 the attorney is not competent to continue the representation 2 the attorney becomes a crucial witness on a contested issue in the case 3 the attorney discovers that the client is using his services to advance a criminal enterprise 4 the client is insisting on pursuit of a frivolous position in the case 5 the attorney has a conflict of interest or cannot otherwise continue representation without violating the rules of professional conduct, and 6 the client terminates the attorney's services. (Learn more: How to Fire Your Attorney .)
An Attorney's Voluntary Withdrawal. Where the circumstances permit, but do not require, the attorney to cease representation, the withdrawal is considered voluntary.The circumstances under which an attorney may withdraw mid-case include: there has been a breakdown in the attorney-client relationship that prevents the attorney from effectively ...