I missed some Chapter 13 payments and my bankruptcy was dismissed. What can I do?

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Question:

I missed some Chapter 13 payments and my bankruptcy was dismissed. What can I do?

Answer:

If you are going through a Chapter 13 bankruptcy, you probably already know that there are plenty of deadlines, payment requirements, and legal wrangling that must be done in order to make your Chapter 13 bankruptcy go smoothly and to avoid a bankruptcy dismissal.  In many cases, you may have problems making your chapter 13 payments, and if you begin to miss payments or if you miss too many payments, your bankruptcy trustee may step in and decide to dismiss your bankruptcy, in which case you will lose everything you have worked hard to set up, as well as your bankruptcy protection from your creditors.  If your bankruptcy has been dismissed for missed payments, what can you do?

  • If you have missed Chapter 13 bankruptcy payments and your bankruptcy has been dismissed by the bankruptcy trustee in charge of your case, you will typically need to refile your Chapter 13 bankruptcy in court as soon as possible in order to try to recover the protections and plans that you have made.  
  • If you can make up the missed payments prior to the Motion to Dismiss being heard by the court, or can make other arrangements, you can typically salvage a Chapter 13 bankruptcy before it is dismissed for missing too many payments.

To get hep dealing with this situation, you should consult with an experienced bankruptcy attorney as soon as possible.

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