How do you get a bankruptcy discharged that has been dismissed?

Question

A little over 3 years ago my friends' wife left him after that time he found out she had not been paying the bills (he was a truck driver). She filed for divorce after she had cleaned him out. In an attempt to save his home he filed Ch.13 but did not turn in all creditor info. The judge did give judgement on the home loan stating he had to pay 1 1/2 months mortgage every month, 2 weeks later he sent them a payment and and they sent it back and told him he they wanted the full amount owed, he did not know he could have took them back to court. The bankruptcy has been dismissed, but people are saying he has to have it discharged. How do you go about doing that? (sorry so long)

Answer 1

Your question is a little hard to follow, but I will try my best to post a useful response.

When a person files for Chapter 13 bankruptcy to save their home from foreclosure, it is up to the debtor to file a plan with the Court to get caught up on the past due amounts. If the Court approves the plan, the plan payments typically last from 36-60 months. The debt must make the plan payments and stay current on the mortgage payments that come due after the BK is filed. Upon full completion of the plan payments, the mortgage acreage should be cleared up and most other debts discharges.

If the case was dismissed, it was as if the case was never filed. The most common reason for dismissal is if the debtor failed to comply with the plan by either not making the plan payments or not making the post-petition mortgage payments. It sounds like your friend might have gotten behind and the judge gave him a little bit of leeway to get caught up. But if he didn't get caught up, the case would be dismissed.

If your friend is still trying to save his house, he may need to file another Chapter 13. However, he should see a local bankruptcy attorney to see if this can be done.

Answer 2

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RE How do you get a bankruptcy discharged that has been dismissed?

A little over 3 years ago my friends' wife left him after that time he found out she had not been paying the bills (he was a truck driver). She filed for divorce after she had cleaned him out. In an attempt to save his home he filed Ch.13 but did not turn in all creditor info. The judge did give judgement on the home loan stating he had to pay 1 1/2 months mortgage every month, 2 weeks later he sent them a payment and and they sent it back and told him he they wanted the full amount owed, he did not know he could have took them back to court. The bankruptcy has been dismissed, but people are saying he has to have it discharged. How do you go about doing that? (sorry so long)