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

Asked about 3 years ago - 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. John Gerth Merna


    Contributor Level 15


    Lawyer agrees

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    Answered . 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... more
  2. Jeffrey B. Lampert


    Contributor Level 19

    Answered . 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... more
  3. Theodore Lyons Araujo


    Contributor Level 20

    Answered . 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... more
  4. Nicholas I Fuerst

    Contributor Level 13

    Answered . 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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