I recieved a letter of dismissal for my chapter 13 plan, can I prevent my case from being dismissed? If I become employed before my court date will this help me get my case reinstated?
If you have received notice that your case has been dismissed, there is a limited time in which you may be able to move to vacate the dismissal if there is a basis to do so. From your question, however, I am wondering whether your case is only set to be dismissed, in which case your attorney should go to court to address the allegations and ask for an opportunity to cure any default. This would be particularly true if you have been out of work, but there is a realistic expectation of returning to work and curing a plan default. Speak with your attorney. It is likely that preserving your case would be of benefit, but that is not always true.
Your question is whether your chapter 13 plan can be resinstated once "dismissed."
Actually it sounds as if the confirmation of your plan was denied. Dismissal is a different outcome and would require you to file an entirely new case.
If your chapter 13 repayment plan was denied your attorney can seek to have it reconsidered by bringing an appropriate motion. If on the other hand your case was really denied then you must file a new one.
I hope this information has been helpful. Feel free to contact our office with any further questions.
