Chapter 13 Bankruptcy Case Dismissal
Chapter 13 Bankruptcy Case Dismissal
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My Chapter 13 Bankruptcy Was Dismissed for Nonpayment. Should I Appeal?
Can you save your Chapter 13 bankruptcy case if the court dismisses it because you didn’t make your monthly plan payments?
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Appealing the Dismissal of a Chapter 13 Bankruptcy
The bankruptcy court can dismiss your Chapter 13 case for many reasons. In most cases, you can file a new bankruptcy right away. But sometimes it can be in your best interest to appeal the dismissal order to a higher court for further review.
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Can I Refile If My Chapter 13 is Dismissed for Non-Payment?
If you don’t make your Chapter 13 plan payments, the bankruptcy court will dismiss your Chapter 13 case. You can refile a Chapter 13 petition but expect to overcome new hurdles. For instance, you could lose the automatic stay protection that stops creditor collections. You might also have to pay a bankruptcy lawyer to complete a new Chapter 13 petition, pay another filing fee, retake the credit counseling course, and explain to the bankruptcy trustee why you’ll be more successful the second time.