Legal Question in Bankruptcy in Illinois
Missed Ch. 13 payments, can we avoid dismissal
My Mom is elderly and in poor health. She has about 6000.00 left on her Ch. 13, and has missed several payments. Got a form in the mail today saying that they want to dismiss her case. Can this be avoided and how? Her home is in the plan, we are very worried. Please reply, thank you.
1 Answer from Attorneys
Re: Missed Ch. 13 payments, can we avoid dismissal
Without knowing the full details of why your mom filed for Bankruptcy and why Chapter 13 all I can tell you is the following.
The trustee has the right to ask the court to dismiss the Bankruptcy. You will receive notice of the hearing date--at that time you can present your arguments as to why the dismissal should not be granted. The Bankruptcy code does provide for modification of the plan and it also provides for conversion of the 13 into a 7---perhaps that is a viable option for your mom at this time.
Did or does your mom have an attorney who is representing her? If so then call that attorney and discuss her options. Good luck.
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