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Received Ch. 13 Dismissal Letter, Now What?

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What is the name of your state? Georgia
I have been paying monthly payments to the trustee of my Ch. 13 bankruptcy since April 2001. I didn't miss a payment until two months ago. Also, my case was a step payment plan and I was unable to make the increased payments. Today, I received a letter for a motion to dismiss my case. Questions: Can I go from a 100% payback to something less? If my case is dismissed, what happens then? What would be the best thing for me to do? The reason for my missed payments is due to an extremely long string of unavoidable bad luck and I had several unexpected expenses as a result of it.


Senior Member
You need to contact you bankruptcy attorney. They can advise you as to what is best for your circumstances. The dismissal letter should have a date that it goes before the trustee. If you want to stay in bankruptcy you and your attorney need to be there to state your case. You make have to make larger payments to catch up what you have missed. It will be largely dependant on your history and what you can afford. If you paying back 100% then there was a reason. Either you made enough to do that or you kept luxury items such as boat etc that does not allow you to do a lower percent. Typically you can do 20% with no luxury items and keep your tax return or 1-20% and you loose your tax return. Your attorney would be best advising where to go from here.

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