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To get the discharge, the filer has to complete the plan, which can sometimes be complicated by changing circumstances. There are several reasons why a Chapter 13 case can be dismissed. Some are the same as for Chapter 7 cases. Things like not paying the court filing fee, not properly preparing for and attending the meeting of creditors , and not filing all required bankruptcy forms. Other reasons why a Chapter 13 bankruptcy case may be dismissed are:. Failing to file tax returns every year and submitting a copy to the trustee. As you can see, the reasons for a dismissed Chapter 13 usually involve the debtor failing to do something the debtor is required to do under the bankruptcy rules.
For instance, if a debtor loses his or her job or becomes ill, the debtor may not have enough money to pay the Chapter 13 plan payments. If changing the plan payment or converting the case to a Chapter 7 case is not an option, there may be no choice but to let the Chapter 13 case be dismissed. While you are in a bankruptcy case, you are protected by the automatic stay. Creditors are prohibited by the bankruptcy stay from taking any actions to collect a debt without court approval.
Once a bankruptcy case is dismissed, the automatic stay is no longer in effect. That means creditors can take all collection action allowed by law. Collection activities may include collection letters, debt collection lawsuits , wage garnishments , repossessions , and foreclosures. The only way to stop creditors from taking action to collect a debt after a dismissed Chapter 13 case is to pay the debt or re-file a new bankruptcy case. Whether you can file another Chapter 13 case immediately after a dismissed Chapter 13 depends on the reason why the Chapter 13 case was dismissed. Whether conversion is an option depends on your situation.
Of course, you want to make sure that you will not have any other problems when converting to a case under Chapter 7 to avoid a dismissed Chapter 13 case. Barring any problems, you might be able to file a Chapter 7 case to get rid of unsecured debts even though you have a dismissed Chapter 13 case. Because you are filing under Chapter 7, you might be able to file without an attorney since you will not need to file a Chapter 13 repayment plan. Depending on your financial situation, you might pass the Means Test for a Chapter 7 case. In a typical no-asset Chapter 7 case , you can eliminate your debts within four to six months after filing your bankruptcy petition with the bankruptcy court.
If you have questions or you are skeptical, watch video testimonials from our past users. You can hear from actual individuals who used our services to file a Chapter 7 case without an attorney to receive the debt relief they need. Upsolve gives individuals who cannot afford to hire a bankruptcy attorney the assistance they need to get out of debt. You can do this! Attorney Jonathan Petts. Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in Take our screener or read our bankruptcy F.
Upsolve is a c 3 nonprofit that started in Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U. To learn more, read why we started Upsolve in , our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal. We are funded by Harvard University, will never ask you for a credit card, and you can stop at any time. Free Articles. Your visit to the historic U. Capitol begins as you enter the Capitol Visitor Center. Women of the Senate To commemorate the ratification of the Nineteenth Amendment, and recognize the service of the first female senator in , learn about the Women of the Senate.
Senate Stories Presented to enlighten, amuse, and inform, our new Senate history blog explores the forces, events, and personalities that have shaped the modern Senate. Senate Chamber Desks Discover the histories, traditions, and arrangements of senators' desks. States in the Senate Learn about your state's place in Senate history. Plan a Visit to the Capitol Your visit to the historic U.
