• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My Chapter 13 was dismissed. Now what?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

AverageJoeMama

Junior Member
What is the name of your state (only U.S. law)? TN

I have been making payments for 5 years on a Chapter 13. To date I have paid over $66,000 in my plan, with a remaining balance of $5,200. Last year I became very ill and was hospitalized and missed 3 months of work. During that time I fell behind on making my payments. Once I was able to work again, I had a job making significantly less $. I met with my bankruptcy attorney to see what options I had, and they said the only thing I could do would be increase my payments amounts. This was really difficult, because I was making so much less $ per month, and I struggled to make the payments every two weeks. I received notice that my case was dismissed, as I feared it would be.

I am meeting with the same bankruptcy attorney next week to go over my options. They told me on the phone I may be able to file Chapter 13 again. If I am eligible to do that, do I really want to? They told me I am caught up on my mortgage. I only had $5,200 left on the plan (20%) until it would have been discharged. Or, should I call all my creditors and attempt to settle with them? The only big thing left on the case was a title loan for two vehicles, but one of those cars hasn't run in 2 years (blown engine) and the other was totaled by the insurance company after a fender bender, but it's still drivable (just really ugly and banged up). The rest of the debts were little credit cards here and there.

I'm scared.
 


latigo

Senior Member
What is the name of your state (only U.S. law)? TN

I have been making payments for 5 years on a Chapter 13. To date I have paid over $66,000 in my plan, with a remaining balance of $5,200. Last year I became very ill and was hospitalized and missed 3 months of work. During that time I fell behind on making my payments. Once I was able to work again, I had a job making significantly less $. I met with my bankruptcy attorney to see what options I had, and they said the only thing I could do would be increase my payments amounts. This was really difficult, because I was making so much less $ per month, and I struggled to make the payments every two weeks. I received notice that my case was dismissed, as I feared it would be.

I am meeting with the same bankruptcy attorney next week to go over my options. They told me on the phone I may be able to file Chapter 13 again. If I am eligible to do that, do I really want to? They told me I am caught up on my mortgage. I only had $5,200 left on the plan (20%) until it would have been discharged. Or, should I call all my creditors and attempt to settle with them? The only big thing left on the case was a title loan for two vehicles, but one of those cars hasn't run in 2 years (blown engine) and the other was totaled by the insurance company after a fender bender, but it's still drivable (just really ugly and banged up). The rest of the debts were little credit cards here and there.

I'm scared.
You were advised to increase your payments to the Plan when making significantly less than at the beginning of the Plan? Did the attorney mention anything about converting to a Chapter 7? I would suggest that you meet with a different attorney.
 

AverageJoeMama

Junior Member
Thank you so much for responding. No, they never mentioned converting to a chapter 7. Is it possible to file for chapter 7 now? I wanted to avoid that, which is why I filled chapter 13, but I'm so over it all now. All that money wasted :(
Is it possible to appeal a dismissal? I'm guessing not, and I don't have a lump sum to catch up on the missed payments. I only had 8 remaining.
 

latigo

Senior Member
Thank you so much for responding. No, they never mentioned converting to a chapter 7. Is it possible to file for chapter 7 now? I wanted to avoid that, which is why I filled chapter 13, but I'm so over it all now. All that money wasted :(
Is it possible to appeal a dismissal? I'm guessing not, and I don't have a lump sum to catch up on the missed payments. I only had 8 remaining.
Sorry, but I'm not the person that can help you with those questions. But I think you should seek a second professional opinion as it is not uncommon to switch over to a Chapter 7.

Good luck
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top