What happens if my case gets dismissed?

[winston]

If my case is dismissed what happens? Can I get into trouble? When will the creditors start calling?

Thanks.

[HHM]

If your case is dismissed, you are back to square one. So, yes, your creditors will start calling and collection efforts will start in full swing.

[winston]

If I had a summons before I filed bankruptcy, it had not gone to the resonse date before I filed, will the creditor need to refile or can they automatically put a judgement against me?

[Bandit]

If worse came to worse & one is dismissed, then within the law, can't the person file again after 6 months?

[cool33097]

Winston, bk stops everything. Your creditor will get notify the you filed bk and they can not do a judment against you and if they do will get dismissed.

[winston]

The trustee is recommending my case be dismissed, so just wondering what consequences this has for me?

[Flamingo]

The trustee is recommending my case be dismissed, so just wondering what consequences this has for me?

Chapter 13's are dismissed for several reasons, the most common being nonpayment of the monthly payment or the discovery of fraud (i.e., nonreporting of additional income, etc.). When a Chapter 13 is dismissed, it puts the debtor right back at square one where he/she/they were prior to filing. All late charges and fees are added back in for the creditors that were eliminated at the time of filing and the only thing that gets subtracted is whatever the debtor paid into the plan that has already been distributed to the creditors. It is the thing that anyone in Chapter 13 should avoid if at all possible. Why is your Trustee recommending your case be dismissed? Have you discussed the matter with your attorney?

[winston]

The trustee is objecting because she thinks our income is too high. I am filing by myself-my husband of only 2 months has great credit and income. I didn't realize this would be so tough on him. My lawyer wasn't good at answering questions. My ex husband and I filed chapter 7 in 2002. We divorced in 2005 and he didn't pay child support, I lost my job, the usual stuff that gets us in this situation. So, I am finally employed and I received a summons that I was being sued by a creditor so I filed chapter 13. The Trustee is objecting also because I have a previous bankrupcty, believe me this is not where I thought I would ever find myself again.

[Bandit]

My ex husband and I filed chapter 7 in 2002.

That is probably why then. That is a clear cut answer for getting dismissed because the law says we can only file every 8 years, well it is supposed to be 7 but it is really 8 years.

I feel bad for you. I really do because I believe you when you say that you never thought you would be here again & I don't know If I could go thru two of these myself.

[Flamingo]

The trustee is objecting because she thinks our income is too high. I am filing by myself-my husband of only 2 months has great credit and income. I didn't realize this would be so tough on him. My lawyer wasn't good at answering questions. My ex husband and I filed chapter 7 in 2002. We divorced in 2005 and he didn't pay child support, I lost my job, the usual stuff that gets us in this situation. So, I am finally employed and I received a summons that I was being sued by a creditor so I filed chapter 13. The Trustee is objecting also because I have a previous bankrupcty, believe me this is not where I thought I would ever find myself again.

I know the time period for filing another Chapter 7 after filing the first Chapter 7 is 7 or 8 years after the date of the first filing. However, I am not certain if that applies for a Chapter 7 and then having to file a Chapter 13. I don't think your lawyer would have filed a Chapter 13 for you otherwise if he know about your Chapter 7 joint filing in 2002. I would certainly get ahold of your attorney and get some concrete answers so you know exactly where you stand and where you can go from here to get the situation resolved. Best of luck to you...

[erinb1975]

That is probably why then. That is a clear cut answer for getting dismissed because the law says we can only file every 8 years, well it is supposed to be 7 but it is really 8 years.

I feel bad for you. I really do because I believe you when you say that you never thought you would be here again & I don't know If I could go thru two of these myself.

4 years after a 7.

http://lawprofessors.typepad.com/bankruptcyprof_blog/2008/02/4th-circuit-rul.html

[winston]

my ex husband and I received our discharge in July of 2002 for Chapter 7, so I think I am okay there. I would have tried to figure out how to pay my creditors back- but Captial One sued me so I had little choice.

[Bandit]

Oh that is right. You can do a 13 sooner but not a 7, but there must be something there that the trustee is seeing for them to bring up the previous 7 as one reason to dismiss.
Maybe two laws are bouncing up against each other?


Maybe you can also file a motion to reinstate if the trustee wants to dismiss? If they say no, then you might be able to request a hearing.

[HHM]

I think, based on your other posts, you have options. Don't throw in the towel on dismissal yet. The trustee is merely using these objections for negotiation.

Unless you have a way to deal with this debt outside of BK, you DO NOT want this case dismissed.

Have your attorney find out what the trustee wants.