Bankruptcy Law

What will happen if I get dismissed from chapter 13

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what will happen if I get dismissed from chapter 13
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4/9/2016
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,975
Experience: Twelve years experience in all aspects of debtor & creditor BK.
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Thank you for your question.Last I heard, about 2/3 of all Chapter 13 cases end as in are dismissed before the Debtor completes the Plan. Sadly, many of these are because the Debtor had some loss of income and can no longer make the required Plan payments. In my opinion, too few people quickly ask the court to amend the Plan to reflect the new financial realities.Dismissal of any bankruptcy case results in total loss of all protections of the US Bankruptcy Code from that point forward. (A Debtor still can sue a Creditor for sanctions and attorney fees if that one violated the Automatic Stay, such as in trying to collect on the debt after the case was filed.)Any foreclosure in progress can resume under state law.Any lawsuit in progress can resume under federal or state law (depends on what court it's in).All creditors can resume imposing late fees and interest if those were suspended during the bankruptcy (the "no interest" rules are complex enough I always have to look them up).There is no "discharge" of any debts, so they come out of the bankruptcy case intact. EVERYONE can resume chasing the Debtor for payment, file a new lawsuit if one is not already in progress, and otherwise go back to how things were the day before the case was filed.Thank you.
Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,975
Experience: Twelve years experience in all aspects of debtor & creditor BK.
Verified
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