Can you reopen a chapter 13 bankruptcy?
In most cases, the court will reopen a closed bankruptcy if: the debtor has additional property or assets that the court must administer. the court must give some type of relief to the debtor, or. there is another valid reason or cause.
Can you file another chapter 13 case after it is dismissed?
Whether you can file another Chapter 13 case immediately after a dismissed Chapter 13 depends on the reason why the Chapter 13 case was dismissed. If this wasn’t your first bankruptcy case in a short period of time, the bankruptcy court could prevent you from filing another Chapter 13 case for a specific period of time.
When to file a Chapter 7 or 13 bankruptcy?
When an individual doesn’t qualify for debt relief under Chapter 7 because they make too much money or had a prior Chapter filing, that person can file Chapter 13 instead. A Chapter 13 bankruptcy case is a debt reorganization.
When to file for Chapter 13 debt relief?
When an individual cannot qualify for debt relief under Chapter 7 because of excessive income or other circumstances, that person may file for debt relief under Chapter 13. A Chapter 13 bankruptcy case is a repayment plan. When you file under Chapter 13, you propose a repayment plan for your debts.
What happens at the end of a chapter 13 bankruptcy?
A Chapter 13 bankruptcy lasts anywhere from 3 – 5 years. At the end of the payment plan, any remaining unpaid debt is eliminated by a Chapter 13 bankruptcy discharge. To get the discharge, the filer has to complete the plan, which can sometimes be complicated by changing circumstances.
What happens when you file a chapter 13 bankruptcy?
When you file under Chapter 13, you propose a repayment plan for your debts. You pay your payment each month to a Chapter 13 trustee who pays your creditors according to the terms in the Chapter 13 plan. The amount of your Chapter 13 plan payment depends on several factors.
Do you have to refile your chapter 13 case?
If you believe that your original Chapter 13 plan will succeed, it’s often best to avoid the need to refile your Chapter 13 case by making a motion to reinstate you case. You have to file the motion to reinstate before the trustee actually closes the case.
Can a chapter 13 case be dismissed without an attorney?
The Chapter 13 bankruptcy process is much more complex than a Chapter 7 case and more than 97% of all Chapter 13 cases filed without an attorney (“pro se”) are dismissed by the court. [ 1] Having a bankruptcy lawyer by your side as you navigate a Chapter 13 case is usually worth the investment.
What happens when you file a Chapter 7 bankruptcy?
Depending on your financial situation, you might pass the Means Test for a Chapter 7 case. In a typical no-asset Chapter 7 case, you can eliminate your debts within four to six months after filing your bankruptcy petition with the bankruptcy court.