Legal Question in Bankruptcy in Nevada

can chpt 13 be dismissed and restarted due to errors?

Our original chpt 13 was totally messed up by all parties involved.

1. Can an debtor amendment be done after confirmation

2. Can a case be dismissed and re-done again after confirmation hearing (judge put mortgage arrears, which should be at 0% interest and paid back via repayment plan, put added to end of mortgage with 8% long-term interest instead)

3. We are being foreclosed on again, even tho payments have been sent but not accepted/cashed


Asked on 7/18/04, 10:26 pm

2 Answers from Attorneys
Stan Johnson Cohen, Johnson, Day, Jones & Royal

Re: can chpt 13 be dismissed and restarted due to errors?

Plans can be amended after confirmation to change it or correct problems; that would probably be better that to dismiss and refile.

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Answered on 7/19/04, 11:55 am
Dorothy Bunce

Can Chpt 13 be dismissed and restarted due to errors?

Yes, you can ask that your Chapter 13 dismissal be wiped out & your that your case be reinstated OR you can refile a new case. There can be advantages and disadvantages to each, depending on the type of errors in the original case & many other circumstances. I urge you to get your case back on track RIGHT NOW because a foreclosure may happen suddenly and without warning!

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Answered on 7/19/04, 12:07 pm


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