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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38801
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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my chapter 13 is being dismissed on 9/02, i am in arrears 10742.

Resolved Question:

my chapter 13 is being dismissed on 9/02, i am in arrears 10742. i have no way of making this payment. what will happen?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Your status will be returned to that which you had at the time your bankruptcy was filed. You will be at the mercy of your creditors.


Consider filing a motion for a hardship discharge.


Bankruptcy Code §1328(b) provides for a hardship discharge on condition that the failure to make plan payments was the result of "circumstances for which the debtor should not justly be held accountable." 11 USC §1328(b). In addition, the amounts actually distributed to unsecured creditors must be at least what they would have received in a Chapter 7 liquidation, and modification of the Chapter 13 plan under 11 USC §1329 must not be practicable.


Hope this helps.


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