my husband got a notice that the trustee has filed for dismissal of his and his ex wife's bankruptcy. if this happens, then what happens? from the statements hes gotten, all the secured items have been paid. it was down to just paying off the unsecured items. (in their divorce, he got the kids, she got the bankruptcy instead of child support- she lost her job, and hasnt paid on it in months) what will happen if its dismissed? will everything be included again, to the point that he has to worry about losing his car again? the house wasnt in BK, so i dont think thats a threat anyway. but any info is appreciated.
2006-08-04 09:00:00 · 5 answers · asked by tonysdoll815 2 in Business & Finance ➔ Credit
I agree with working mom....who in the world did you get talked into an arrangement where the ex- is responsible for YOUR bankruptcy payments?
What the dismissal means is that the automatic stay is lifted, and all of your creditors can once again begin collection action. The ones who have not yet received money can sue you.
I need to double check the new laws, but I do not believe you can re-file a bankruptcy if it has been dismissed for a while....I think 1 year.
When your creditors find out the stay was lifted they are going to move very quick to recover money before you can refile a bankruptcy. I suggest you get with your lawyer and find a way to make the trustee happy and stop the dismissal.
2006-08-04 09:42:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You should visit SALESQUOTES.INFO- I am sure here you can find the best option for you
RE Dismissed ch 13?
my husband got a notice that the trustee has filed for dismissal of his and his ex wife's bankruptcy. if this happens, then what happens? from the statements hes gotten, all the secured items have been paid. it was down to just paying off the unsecured items. (in their divorce, he got the kids, she got the bankruptcy instead of child support- she lost her job, and hasnt paid on it in months) what will happen if its dismissed? will everything be included again, to the point that he has to worry about losing his car again? the house wasnt in BK, so i dont think thats a threat anyway. but any info is appreciated.
2014-10-12 02:42:54 · answer #2 · answered by ? 1 · 0⤊ 0⤋
Dismissed means that the case is being thrown out of the court, in this case, I would say for non-payment. Discharged means that the debts have been discharged and the bankruptcy procedure is over. Big difference. You will absolutely have to talk to an attorney about this. You say that the ex got the responsibility for the Chapter 13 payments in stead of support? That is VERY UNUSUAL, and doubtful that it will hold up? Call now.
2006-08-04 16:16:50 · answer #3 · answered by working mom of 3 4 · 0⤊ 0⤋
Dismissed means that it is over. They filed Chapter 13? I guess that means that there are still some payments to go. When the Trustee dismisses it though, it means that it is over. Dismissed.
Call the attorney like he said.
2006-08-04 16:06:23 · answer #4 · answered by brokenheartsyndrome 4 · 0⤊ 0⤋
yes there is chance he can lose car, i am in ch 13 also , and if you do not pay trustee it will be dismissed , you may have to call the car company to try and work some arrangements. you need to speak to an attorney
2006-08-04 16:04:40 · answer #5 · answered by boominz28 3 · 0⤊ 0⤋