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What happens when you don't keep up on your chap 13 or 11 payments

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    What happens when you don't keep up on your chap 13 or 11 payments

    It seems like a loop to me. If you file chapter 7 with no assets, and the US Trustee forces you into chapter 13 or 11; what happens if you don't keep up on your payment plan - forced back into chap 7?

    #2
    you dont get forced. it just gets dismissed.

    some people file for chp 7 then baed on circumstances.
    Im not an attorney or a trustee. You cant trust me either though!

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      #3
      Your chapter 11 or 13 case gets dismissed and you are in the same financial condition you were in before you filed. The creditors start the collection process over again. You can convert to a 7 even under new law IF you fail the means test.

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        #4
        Originally posted by Scooter
        It seems like a loop to me. If you file chapter 7 with no assets, and the US Trustee forces you into chapter 13 or 11; what happens if you don't keep up on your payment plan - forced back into chap 7?

        If the trustee forced you into a Ch 13, then though you may think it "No asset" they think otherwise...

        Did this happen to you?

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          #5
          I was just contemplating the alternatives if a US trustee dismisses a chap 7 case.

          Without going into detail, I wonder if anyone on this board has experienced filing chap 11 because they couldn't qualify for chap 13?

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            #6
            Originally posted by Scooter
            I was just contemplating the alternatives if a US trustee dismisses a chap 7 case.

            Without going into detail, I wonder if anyone on this board has experienced filing chap 11 because they couldn't qualify for chap 13?

            Most chapter 11 debtors usually don't come here because they are either business reorganizations or wealthy debtors. If you owe like 300k plus in unsecured debt or I think 900k plus in secured debt and won't qualify for a 7 then a chapter 13 isn't an option. Only chapter 11.

            Chapter 11 & 13 are pretty similar. I think one difference is under chapter 11 the creditors vote on the reorganization plan while 13 is a disposable income test that only the judge can confirm or deny.

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              #7
              One thing I'm not sure of-I've heard that if you file a 7 and convert to a 13 that you can't convert back to a 7. I don't know if that only applies to voluntary conversions, though, or if it also applies to situations where the BK court encouraged you to convert.
              Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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                #8
                I am in Chapter 11 Pro Se and It is very difficult process.
                Now I know why they recommend you need to get an attorney.
                I am struggling along.

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                  #9
                  Ch 11, it's against our forum rules to post to old, inactive threads like this. Since the bankruptcy law forms and case law interpretations frequently change, these old threads can contain mis-information. If you have a question to ask or a comment to make, please start your own thread rather than post to an old one like this - thanks!
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

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