My X, out of town, filed chp. 13 in 2003. Today I got a "Notice of Dismissal" which says Notice is hereby given that on 2/21/2007, an order dismissing the above entitled case was entered (from the Bankruptcy Court). Accordingly, the automatic stay is lifted. What does that mean? I don't know if he is finished with his bankruptcy. I know when you are finished you get a discharge notice. Thanks
2007-03-03 07:48:04 · 7 answers · asked by pinky 1 in Business & Finance ➔ Credit
The individual above is correct that it sounds like the bankrupcty was dismissed.
The automatic stay prevent creditors from taking action against you to collect the debt. If that has been lifted either 1) the person above is correct it has been lifted involuntarily because you failed to do something you were required to do or 2) you are no longer in bankruptcy (it has been 4 years, so this may be the case).
You may not get a notice of discharge if there were no dischargeable debts.
2007-03-03 07:59:12 · answer #1 · answered by FSJD 3 · 0⤊ 0⤋
It means that your x probably fell behind on his/her Chapter 13 Trustee payments and the bankruptcy was dismissed. When a Chapter 13 is dismissed, the automatic stay is automatically lifted and creditors are allowed to resume collection activity. The "automatic stay" is the order that prohibits collection activity while a debtor is in an active bankrutpcy proceeding. If you were a creditor in your x's bankruptcy, you are now allowed to attempt to collect any debts owed. If you were a cosignor on any debts included in the bankrutpcy, you will also lose the protection of the automatic stay and the creditors may attempt to collect any debts that you owe.
2007-03-06 03:18:07 · answer #2 · answered by Jack 1 · 0⤊ 0⤋
I beleive it means that the bankruptcy was dismissed and creditors can come after you again. Although not sure why you would get this 4 years after the bankruptcy. Since it was a Chapter 13 did he miss a payment or something?
Ususally if the Bankruptcy was discharged you would get a notice stating such.
2007-03-03 07:54:45 · answer #3 · answered by OC1999 7 · 0⤊ 0⤋
Did he have you listed as one of his creditors? Child support is not usually included in a bankruptcy so I'm wondering why you would even get a notice, unless he owed you money for something else.
If the stay has been lifted, it means all his creditors can now go after him again for past due debts.
2007-03-03 08:02:33 · answer #4 · answered by Faye H 6 · 0⤊ 0⤋
Dismissal means the bankruptcy is no longer in effect. The stay being lifted means that your creditors can come after you again.
Sounds like your ex screwed up. Hope you were not on any debts with him.
2007-03-03 08:09:26 · answer #5 · answered by ? 7 · 0⤊ 0⤋
It means that he didn't perform under his plan. The case is over. No discharge. All creditors are free to pursue him as before. It's as though there never was a bankruptcy.
2007-03-04 03:31:29 · answer #6 · answered by DLeibowitz 5 · 0⤊ 0⤋
Did you imagine to ask the trustee? this is his pastime to shield the hobbies of the lenders. If the financial disaster become disregarded, he would have despatched you a letter informing you the say were lifted. this guidance also must be reachable contained in the financial disaster court docket documents. that is a no brainer question, and that i'm surprised your civil lawyer does no longer understand all of this.
2016-11-27 19:18:34 · answer #7 · answered by ? 4 · 0⤊ 0⤋