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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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How long does it take for a Chapter 13 case to be dismissed

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How long does it take for a Chapter 13 case to be dismissed if you don't make the payments? I just received a notice from the Bankruptcy trustee's office stating that an order to dismiss will be sent to the Bankruptcy court within 14 days if we don't make up the back payments. Does that mean you have only 14 days until your case is dismissed, or is it 14 days until the case is sent in and that it has to go through other channels? I am working on another answer and the time frame for this is very important.

I am a bankruptcy attorney and I would be happy to assist you. As the notice states, the trustee will file a Motion to Dismiss your case after the 14 days. That Motion will be set for hearing approximately 30 days after it is filed. If you do not object or attempt to catch up with your payments, the Judge will grant the Motion. The Trustee will then submit the Order to the Judge who will typically file it and return it to the Trustee. The Trustee/Court will then notice all of your creditors and the debtor that the case has been dismissed. If your plan has not been confirmed, any plan payments you have made to the trustee will be refunded, less the government fees they are permitted. You (or your attorney) will receive a detailed accounting with the check. If your plan was confirmed, payments have already been disbursed to creditors and you will not receive a refund.

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