money sectionmoney sectionIf you filed an eviction against your tenant, he may have filed a motion to dismiss as a response to your eviction complaint. You can object to the tenant's motion to dismiss by filing an objection, or you can wait until the hearing to argue it verbally. It is always best to file the document with the clerk of court, as documentation in any lawsuit is pertinent to the case. If your tenant retained an attorney to argue the eviction, you should retain an attorney to help you with the objection to the motion to dismiss, but you can object…
A bankruptcy trustee may file a motion to dismiss a bankruptcy case if you do not fulfill the bankruptcy requirements. Depending on which chapter you are filing, different documents are required to complete the bankruptcy, including a Chapter 13 plan, means test for Chapters 7, 11 and 13 and bank statements and other financial statements. If any one of the trustee requirements have not been met, including payments in Chapters 13 and 11, the trustee may move to dismiss the case.
When filing Chapter 13 bankruptcy, you agree to pay the debt owed over a set time period, generally two years to five years as stated by the U.S. Bankruptcy Code. The code also controls the amount of the payments required in the Chapter 13. In some instances, depending on your situation, dismissing your bankruptcy before the debt is paid off and setting up your own payment plan is beneficial. After the debts are paid, you are not required to file a dismissal. However, the bankruptcy remains on your credit report up to 10 years according to Bankrate.
The dismissal of a Chapter 13 bankruptcy case means the termination of the legal process and the reinstatement of creditors’ and debtors’ rights that existed prior to the bankruptcy. Orders of the court, such as transfers and the automatic stay, revert to pre-bankruptcy filing status. Depending on the circumstances, the court may bar the debtor from re-filing for bankruptcy protection for a certain period of time.
Once you file a Chapter 13 bankruptcy, special care should be taken not to allow the case to be dismissed. Because bankruptcy laws have become more stringent, it has become more difficult to refile a case if a previous case has been terminated. Once a debtor has two cases dismissed, an assumption of bad faith exists and a third case becomes very arduous.
A Chapter 13 bankruptcy is designed to provide you a court-supervised payment plan through which you satisfy most, if not all, the debt owed to your creditors over the course of two to five years, according to the U.S. Bankruptcy Code. If you reach a point where you believe it would best serve your financial and personal interests to terminate your case, you need to understand the procedures necessary to dismiss your Chapter 13 bankruptcy.
When you file for bankruptcy under Chapter 13 of the federal Bankruptcy Code, a dismissal may be the last thing you think about because you just want to solve your current debt problems without losing your assets. However, if you don't follow the requirements set forth in the bankruptcy laws and meet the deadlines that are established there, your Chapter 13 bankruptcy could be dismissed, leaving you with a larger debt problem than you had before.
Prior to 2005, Chapter 13 bankruptcies did not exist. The only bankruptcy plan available to individuals was filing for the discharge of all debt under Chapter 7. A Chapter 13 bankruptcy gives the debtor another option. It allows a debtor to enter into a court approved payment plan to repay creditors. Eligibility for the plan is conditioned on the debtor meeting certain criteria.
