Filed Chapter 13 in Tennessee 1 year ago. I moved to Georgia on October 1 last year 2015. On May 1, 2016 my monthly income will be cut by almost 30% due to reduction of my Veterans Disability Benefit. I will be 70 years old July 16, 2016. I receive Social Security Retirement and V A Disablility Benefit.
You can file a motion to dismiss in the Tennessee chapter 13 case. However, if there was a motion to lift the automatic stay filed at any point during you bankruptcy proceeding, you will not be eligible to file another case for 180 days after a voluntary dismissal. If you cannot afford to pay your plan payment, the trustee will file a motion to dismiss for nonpayment of your plan payment at some point and the case will be dismissed. Provided that dismissal was not granted because of an intentional refusal to comply with a bankruptcy court order, you will be eligible to file your chapter 7 immediately.
You should to take the time to meet with an experienced bankruptcy attorney in Georgia that handles chapter 7 and chapter 13 cases even if you plan on filing a chapter 7 casee. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Avvo "Find a Lawyer" link at the top of this page to search for an attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
In my community, dismissing a Chapter 13 is done by ex parte motion, meaning no hearing needs to be held. These motions are typically granted within a few days, often within a few hours. But there may be an advantage to CONVERTING your Chapter 13 to a Chapter 7, even though you will likely need to travel back to Tennessee for one 341 meeting. If you are represented, you should obviously be consulting with your own lawyer. Hope this perspective helps!
I agree with Attorney Bunce also in that you really should look at conversion to a ch 7 to see why NOt do that!! And if you convert, any new debts post ch 13 are included in the ch 13 too. And if you had dischargeable tax debts, they could turn into NON dischargeable tax debts possibly if you dismiss and then refile too soon! Thus, sit down with a new attorney to discuss conversion. Your present attorney IF already paid may also do so. I charge for such things as they are NOT part of my contract but your contract may allow your attorney to discuss with you or they may charge..but who better to know the facts of your case than your attorney already! Good luck.
The other attorneys have done a great job of answering the dismissal and conversion aspects of your question. However, you do not have to dismiss or convert. You can have a chapter 13 pending in Tennessee and still move to Georgia. You can work with your Tennessee attorney to modify your chapter 13 plan to lower your payment (if possible) based on your new income. You can also speak with them about conversion if you are set on that course of action. This has the advantage of saving you paying attorney's fees all over again with a new case. Food for thought! Good luck!
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