Legal Question in Bankruptcy in California

chapter 13

what do you do if you've already filed a chapter 13 and it is about to be dismissed because you were not able to make all the payments.


Asked on 9/29/08, 1:48 pm

2 Answers from Attorneys

Brian Whitaker Lifeline Legal, LLP

Re: chapter 13

a. Get a hearing date/time from the court and file an objection to the trustee's motion to dismiss - then try to negotiate with the trustee to allow you to catch up or amend your plan.

b. If you can't make the payments, you may now qualify for a Chapter 7 - ask for time to convert.

c. Or file another Chapter 13 after this one is dismissed, keeping in mind that the automatic stay may not be in effect after 30 days.

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Answered on 9/29/08, 2:16 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: chapter 13

Perhaps you can convert it to chapter 7, or ask the court to modify the plan because of changed circumstances.

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Answered on 9/29/08, 10:43 pm


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