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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I need to dismiss my chapter 13 case,will there be any consequences

Resolved Question:

I need to dismiss my chapter 13 case,will there be any consequences if I just stop paying into the plan. I had read that if I stop doing this the Trustee will file to dismiss the case? or should I be the one to fill in the paper work and file to get it dismissed. Also, what happens to the money currently in the plan that hasn't been dispersed yet? and will I owe the trustee any money?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

It will be easier and less expensive for you if the Bankruptcy trustee dismisses your case.

cfortunato :

Additionally, the result will be the same if you dismiss your case, or if the trustee dismisses your case.

cfortunato :

Any money that has not yet been dispersed gets returned to you (minus the trustee's 10% commission), and you will not owe anything more to the trustee.

cfortunato :

I think this is what you wanted to know. If not, please let me know.

cfortunato :

Thank you.

Customer: replied 3 years ago.
how long after a missed payment does it typically take before they dismiss a case?
Expert:  cfortunato replied 3 years ago.
In most cases, trustees file motions to dismiss one month after a payment is missed.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
and does the trustee get 10% of the money I already paid into the plan or 10% of the total amount that was scheduled to be paid into the plan?
Expert:  cfortunato replied 3 years ago.
The trustee is entitled to 10% of the total amount that he or she actually received, not 10% of the total amount that was supposed to be contributed to the plan.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you :-)
Customer: replied 3 years ago.
oh, I forgot to ask. Will I have to go to court when it is dismissed?
Expert:  cfortunato replied 3 years ago.
No - you would have to go to court only if you wanted to prevent your case from being dismissed.

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