How to Reopen a Bankruptcy Time Limit
Chapter 13 bankruptcy is a type of personal bankruptcy that, instead of complete liquidation like a Chapter 7 bankruptcy, uses an extended repayment plan confirmed by the Bankruptcy Court to repay creditors. A Chapter 13 bankruptcy plan spans from three to five years in length, with 60 months (five years) being the statutory maximum time allowed for completion of the Chapter 13 plan. If you have not completed your Chapter 13 plan payments at the end of 60 months, you may want to reopen the bankruptcy time limit.
Other People Are Reading
Instructions
-
-
1
Call your assigned Chapter 13 Trustee to see what is needed to close your Chapter 13 bankruptcy case and receive a discharge. If you have employed an attorney for your bankruptcy case, they can do this for you. Your Chapter 13 Trustee can tell you what is needed to reach a conclusion to your case and receive a bankruptcy discharge. Usually it involves filing copies of your tax returns for each year you were in bankruptcy, completing any plan payments or submitting tax refunds.
-
2
File a Motion to Extend Plan. You or your attorney need to file a Motion to Extend Plan with the Bankruptcy Court. This Motion will allow you a grace period to get your plan and affairs in order so you can reach a bankruptcy discharge. If your plan was less than 60 months (five years in length) from the beginning, this Motion can also extend the length of your plan so you can complete the plan terms, this is called a Plan Modification.
-
-
3
Finish your bankruptcy plan within the grace limit awarded by the Bankruptcy Court and Chapter 13 Trustee. If these terms are not completed within the grace period, the bankruptcy case will be dismissed and thrown out of the court system. This means that the bankruptcy was not a success and all debts have not been discharged. It also will lift the automatic stay protection afforded while you were in bankruptcy proceedings and allow creditors to resume collection calls.
-
1
