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I'm in chpt. 13. What are my options if any, should my case be dismissed? Would I receive prior notice?

Torrance, CA |

I'm in chpt. 13 with the case status being tentative dismissal. I am gathering support to help with monthly income needed in order to file the plan. If I run out of time and my case is dismissed, is there any options for me-- objecttion? refile 13? file chpt. 7? Will I be notified prior to the dismissal?

Attorney Answers 4


  1. Best answer

    It sounds like your case will dismiss if you do not file your plan. Filing the plan and gathering documentation for monthly income are two different things. If you are unable to file the plan due to difficulty in completing the forms then get an attorney. A Chapter 13 is a repayment plan. You did not indicate why you are in a repayment plan so it is impossible to answer what alternatives you have. Get an attorney before it becomes more costly to fix. If the case dismisses you will have the bankruptcy on your credit report regardless. You will not receive another notification of a pending dismissal due to the non-filing of the Chapter 13 plan. You would have already been issued a "deficiency" notice when you filed the schedules without the plan.

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.


  2. As my colleague has stated, you have already been given the notice that whatever you did was lacking in one way or another. The next step is the dismissal.

    A dismissal typically would prevent you from re-filing the 13 for 180 days.

    And my colleague also is quite correct, your options are so dependent upon the particulars of your situation, only a consultation with an attorney will enable you to have your options weighed and considered.

    Good luck.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  3. You have already received notice that the case will be dismissed. You can refile, but you should not attempt this without an attorney as you have to bring a motion to extend the automatic stay.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.


  4. if miss a deadline you know about the case could be dismissed without furtehr notice. If someone wants it dismissed for some other reason then yiou would get notice.
    If case get dismissed it is possible to reinstate if you fix proble, also possible to convert if eligible when the 13 was filed.

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