Posted on: 21st Jan, 2010 02:17 pm
Hi...I filed chapt 13 last November due to a split with my ex and our inability to pay for our home separately...the home would not sell...we had it on the market for a year and tried a short sale and it wouldn't budge...so we filed chapt 13 separately. I have to pay $415/month for five years. My car is not included in the bankruptcy however, the house, three credit cards and the oil company were...some of those were joint debts...however, for me personally, it was the house and two credit cards. I just received a notice that there is a motion to dismiss my case...maybe I was late on a payment? I am not sure...as far as I know, I have not been late and I have made my payments faithfully every month. I have received nothing from the trustee indicating there was any problems with receipt of my payments, I just suddenly get this notice which is very irritating. Anyway, the house I owned with my ex was foreclosed on a while back...we did not intend to keep it and wanted it foreclosed on...as far as I know, it has already been thru a sherrif's sale as well. So what would happen if the my bankrucpty was dismissed as far as the house is concerned and that debt? since it's already been foreclosed and likely resold, would the mortgage company still come after me for money? I know the credit cards would and I think I could probaby work out some kind if debt consilidation plan with them. I mean, I could always pay my bills before the bankrcupty it was just the house that we paid jointly that neither of us could afford separately...so I am wondering if I should just let the case be dismissed? and if so, sinc eI have already paid the trustee appromixately $5K over the last 14 months, will they give this money back to me? since they dismissed my case and havne't paid my creditors? (I am assuming they are not paying them yet...) I saw something about trustee fees and attorney fees...how much would these be? I mean, I would like my money back so I can use it to pay someof my creditors back myself. Sorry for all the questions. I am just trying to see what is best for me to do since this has presented itself to me unexpectedly. My main question is concenring the mortage of the foreclosed and resold home and the money I have paid to the trustee over the last 14 months should I choose to dismiss the case...also, since my car was neer on the bankrcupty filing, they can't take that from me right? I mean, I've been continuing the normal payments all along with no issues. THANKS FOR YOUR HELP!!
Hi jerryallen,
Your bankruptcy can be dismissed for various reasons. Generally, if you cannot make payments as per the chapter 13 plan, your bankruptcy case can be dismissed. Apart from this, if you have failed to provide the court with appropriate paperwork or missed a deadline to submit any required document or have violated the bankruptcy rules, your case can be dismissed.
If your Chapter 13 case was dismissed due to any of reason, even before your debts were discharged, you will be liable for them. Your house has been foreclosed and there is a deficiency from the sale of the house, the lender can come after you for the deficiency because it was not discharged through bankruptcy. Similarly, you will be responsible for the credit card debts as well. However, if you can consolidate your credit card debts or enter into a settlement or repayment plan, you can pay them off.
The fees you paid to the trustee and the attorneys will not be refunded to you after the bankruptcy dismissal. As far as the car loan is concerned, since you did not include it in the bankruptcy, it will not be affected by the dismissal. If you keep making payments towards the it, your car will not be repossessed.
Your bankruptcy can be dismissed for various reasons. Generally, if you cannot make payments as per the chapter 13 plan, your bankruptcy case can be dismissed. Apart from this, if you have failed to provide the court with appropriate paperwork or missed a deadline to submit any required document or have violated the bankruptcy rules, your case can be dismissed.
If your Chapter 13 case was dismissed due to any of reason, even before your debts were discharged, you will be liable for them. Your house has been foreclosed and there is a deficiency from the sale of the house, the lender can come after you for the deficiency because it was not discharged through bankruptcy. Similarly, you will be responsible for the credit card debts as well. However, if you can consolidate your credit card debts or enter into a settlement or repayment plan, you can pay them off.
The fees you paid to the trustee and the attorneys will not be refunded to you after the bankruptcy dismissal. As far as the car loan is concerned, since you did not include it in the bankruptcy, it will not be affected by the dismissal. If you keep making payments towards the it, your car will not be repossessed.