Legal Question in Bankruptcy in Texas

Chapt. 13 dismissed after 3 1/2 yrs. into the program/case

After 3 1/2 years of paying our monthly fee, we learned from a rep. of the Trustee on 31 December 1999, "your case was dismissed, October 1999." Of course, we and our Attorney had not received any notice/communication from the Trustee or the Court. If the "dismissal" stands, can the Unsecured Creditor's again demand that we pay all of the charges previously owed prior to filing Chapter 13, August 1996? Chapter 13 was filed 03 September 1996. We do not understand why our Chapter 13 was dismissed in the first place. Can we file again?


Asked on 2/27/00, 1:58 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Chapt. 13 dismissed after 3 1/2 yrs. into the program/case

You need to find out why it was dismissed, and why you did not receive notice (did your lawyer not get notice?). Then, if the dismissal was improper, move to have the case reinstated. Of course, hearing from a "rep. of the trustee" that the case was dismissed is not necessarily the truth -- check the court records. If the case was dismissed, and you can't reinstate, you need to see whether the case was dismissed under � 109(g) precluding refiling, or whether you can refile. If the case was dismissed and you cannot reinstate and cannot or do not refile, your unsecured creditors can come after you for the remaining balance due.

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Answered on 3/08/00, 10:52 pm


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