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Debtors rights for chapter 13 being dismissed due to non payment, can I change to chapter 7

Pittsburgh, PA |

My chapter 13 is being dismissed due to non payment. what is the court's next step? What options do I have? What happens to all the debt I still owe? Can I still hold on to my house?

Attorney Answers 3

Posted

All the financial problems you had before you filed with now be back with you which is not a good thing. I suggest you contact your bankruptcy attorney if you have not already done so to see if there is anything that can be done to keep your case from being dismissed.
You have not provided any information about whether you are current with your house payment, its value and the amount of debt against it so I can not answer that part of your question. I can tell you though that if you are not current with your mortgage you should expect that the mortgage company has the right to begin foreclosure.

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Posted

Your attorney is the first person you should consult for these answers! Your options may include: (1) Modify your existing Chapter 13 before it is actually dismissed (2) Convert to Chapter 7 (3) File Chapter 13 or Chapter 7 after your Chapter 13 is dismissed (4) Deal directly with your mortgage company if your Chapter 13 fails.

Realize that multiple Chapter 13 filings have special rules, and that you hopefully have an experienced attorney representing you that can properly guide you at this difficult time.

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Posted

If the nonpayment is because you lost a job or have another good reason, you should move to convert to a Chapter 7. If granted all the debt will go away (be discharged). You can hold onto your house if you are current in the monthly payments.

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