How to Avoid a Chapter 13 Bankruptcy Dismissal
Chapter 13 bankruptcy restructures a debtor's assets and obligations. Filing under this code creates certain requirements that you must follow. Not following these requirements may cause a dismissal of the bankruptcy. While you can file a bankruptcy by yourself or through a preparer, you should consult a lawyer for any legal advice prior to filing.
Other People Are Reading
Instructions
-
-
1
Consult with your attorney about the obligations for a Chapter 13 bankruptcy. He can outline the process of filing under Chapter 13 protection. If you do not believe that you can comply with these obligations, you may petition to convert to a Chapter 7 bankruptcy.
-
2
Complete the required paperwork and consumer credit counseling class prior to filing the bankruptcy. If you don't complete the required paperwork, your bankruptcy may be delayed or dismissed.
-
-
3
Create your repayment plan by the date the court sets. If you need to modify it later in the bankruptcy, don't make changes to your payments until a court approves a modified plan.
-
4
Pay your fees and charges on time. Not paying them can result in a dismissal of your case. Also, make your repayments on time.
-
5
Attend the hearing date(s) set by the trustee. Failure to appear can result in dismissal. Even if an attorney represents you, the court requires you to attend these hearings in person.
-
6
Follow the instructions of the court completely, if you don't the court can dismiss the case.
-
1
Tips & Warnings
You can find a bankruptcy attorney online at websites like Bankruptcy Management Solutions.
In some cases, you may request a "hardship discharge," but only when circumstances prevent you from completing the repayment plan.
This information provides basic concepts regarding Chapter 13 bankruptcy and is not legal advice. Consult with your attorney regarding any concerns you have about filing bankruptcy.
