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How many payments missed from debtor to trustee before chapter13 is dismissed?
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Can chapter13 mortgage payments be modified?
Chapter 13 mortgage payments can be modified. The trustee must agree to new terms before a modification can be approved. However, a lender can object and appeal the modification.
If bankruptcy has been dismissed can you file again?
If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.
How long does a trustee's sale last before eviction starts?
what is the timeline from when payments are missed to when a home goes to auction?
If you are behind with Chapter 13 payments is there anything you can do to prevent or stop a dismissal such as a payment for the past due amount?
The BK trustee usually waits until two payments have been missed and then files a Motion To Dismiss. There will be a time specified (usually 30 days) in which missed payments can be made up in FULL. If the amount owed is not presented before the time expires the 13 will be dismissed without further notice. If the filing is less than 60 months the trustee might agree to meet with the party involved to discuss possible modification of the BK plan.
What happens if you miss a payment in your bankrupcty agreement?
The person should contact the BK trustee immediately. A trustee will generally give the debtor thirty days to bring the payment(s) up to date before requesting the "13" be dismissed.
Where is the best place to get financed for a vehicle after being dismissed from chapter13 bankruptcy?
If the Chapter 13 was dismissed before the Plan was completed and the balances of unsecured debts discharged, you may have a difficult time getting a car loan. If the Plan was completed and you have a discharge, you will be able to get a car loan at car dealers, but you will pay a high interest rate. If you make on-time payments for 6 months, you may be able to get a refi on the loan at a lower interest rate. Your best bet is to open an account at a local credit union and apply there for a car loan.
One month after your chapter 7 debts were dismissed you won some money would you have to contact the trustee?
Technically, a "dismissed" Chapter 7 case does NOT discharge your debts; but you say "debts were dismissed", so I assume it's a true discharge (like most bankruptcies). If you mean "won" as in winning a sweepstakes or lottery, the trustee can't touch it since you weren't legally entitled to it when you filed. However, if you won a lawsuit over something that occurred before you filed, it should have been included in your estate; unless it was exempted in your filing (rare), the trustee is entitled to it.
What is your liability to harassing creditors if after six years your Chapter 13 bankruptcy was dismissed by the trustee?
If your Chapter 13 was dismissed, meaning you did not complete your Plan, then you are essentially right back where you started before you filed for bankruptcy. The creditors can pursue you for the debts without any legal ramifications.
If you are worse off in Chapter 13 than before you filed the Chapter 13 can you ask to have it dismissed?
Yes, but with new bankruptcy laws having been implemented it may prove somewhat difficult. The involved parties will need to prove to the trustee/court that they are unable to meet the obligation. More than likely the trustee will suggest the "13" be modified rather than dismissed. If the BK is dismissed the debtor loses all BK protection and creditors may pursue collection, repossession and lawsuits as the so choose.
If your house was not reaffirmed before your ch 7 was dismissed does your mortgage company have the right not to show on your credit reprt that you have a house and are making payments?
Yes. Failure to reaffirm means that you cannot be sued to recover a deficiency. You can still make the payments.
What can be done if bankruptcy was not taken from your paycheck and now you are behind on payments?
The involved party should contact the bankruptcy trustee as soon as possible and explain the error. A trustee will generally give the person(s) thirty days in which to catch up on arrears before filing for dismissal.
Are there any problems that might arise with the trustee and courts from simply being pre-approved for a motgage loan while in chapter 13 repayment without seeking their approval to search first?
Perhaps, the safest procedure is to clear any major financial transaction with the trustee BEFORE it is initiated. A 13 can be dismissed for any number of reasons, not properly informing the court of the possibility of financial changes is a significant one.
