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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 09-04-2006, 08:55 PM
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Join Date: Sep 2006
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voluntary dissmissal


What is the name of your state? Georgia
In the state of Georgia I had a chap 13 in 9/9/2002, then converted to a chap 7 in 2004 for 2 months, then converted back to chap 13. Recently I voluntarily dissmissed my case because I felt as if I had paid in full my chap 13. All my priority payments,unsecured payments (@ 1%) secured payments, trustee fees,lawyer fees & interest came to $33,000. I counted my paymnets from 2002 until now & it totaled $37,000. My lawyer wanted an addittional $5,000 to look into this matter. I did not agree to pay that fee & I asked her to close my case by voluntary dissmal. Now my creditors are trying to repo my cars. Can I file a motion to vacate the order of dissmissal ? Can I have the trustee discahrge my debts because it is only a couple of months to a maximum of 5 yrs ?
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Old 09-05-2006, 07:20 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
Now my creditors are trying to repo my cars. Can I file a motion to vacate the order of dissmissal ?
You got what you asked for .. a DISMISSAL of your case. That generally means all bets are off, you're virtually back to square one. If you didn't pay 100% of the secured debts on the cars, ALL of it, then they have a right to repo for non-payment.

You cannot now ask to vacate a dismissal, ain't gonna happen.

Quote:
Can I have the trustee discahrge my debts because it is only a couple of months to a maximum of 5 yrs ?
Probably not. You should have stuck it out. You DO have the right to request a full accounting of all disbursements made by the Trustee during your plan, but I doubt that will get you a discharge - you didn't complete the plan.
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