Ok, so I am in Chapter 13th BK. It's been fine, I make a good bit but I'm just really impatient lol. I have 2 years left. I pay $4100 a month (Mortgage and cars included). I visit this forum a ton, and was just wondering. With 2 years left, if I were to dismiss what are the chances creditors would come after me? I know that is a tough question, but figured I'd ask any others who may be in the same thing. Thanks all!
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Originally posted by WellOk12 View PostOk, so I am in Chapter 13th BK. It's been fine, I make a good bit but I'm just really impatient lol. I have 2 years left. I pay $4100 a month (Mortgage and cars included). I visit this forum a ton, and was just wondering. With 2 years left, if I were to dismiss what are the chances creditors would come after me? I know that is a tough question, but figured I'd ask any others who may be in the same thing. Thanks all!
As if that isn't bad enough, they recalculate what you owe by adding in a pile of interest; by far your best bet is to serve out your remaining two years and get your discharge.Chapter 13 (not 100%):- Burned: AMEX, Chase, Citi, Wells Fargo, and South County Bank cum Bank of Southern California
- Filed: 26-Feb-2015
- MoC: 01-Mar-2015
- 1st Payment (posted): 23-Mar-2015
- 60th Payment (posted): 07-Feb-2020
- Discharged: 04-Mar-2020
- Closed: 23-Jun-2020
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Originally posted by WellOk12 View PostWith 2 years left, if I were to dismiss what are the chances creditors would come after me? I know that is a tough question, but figured I'd ask any others who may be in the same thing. Thanks all!
This is the exact scenario which JDBs expect to happen and their entire profit motive is based on dismissals. The JDBs will also report you to the credit bureaus (further weakening any recovery).
The bottom line is that you may have spent the last 3 years of a 5 year plan paying, but it will be for naught if you allow a dismissal (voluntary or otherwise). The interest accumulated at the contract rate which, if it's 15%, 20%, maybe even 25%, would mean you only paid the interest of that 3 years. You'd literally be back to square one, but with the hostility of a hungry JDB salivating at the prospect to obtain a judgment.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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If Amex is one of your creditors, the law firms hired by Amex are waiting for you to fail the 13 and will sue you if you fail. They are very aggressive when trying to collect too. Amex is the creditor I'm most scared of if I failed the 13. After that the JDBs.
No way I would even spend a second thinking about dismissing my 13. It would be really, really bad.
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Originally posted by flashoflight View PostIf Amex is one of your creditors, the law firms hired by Amex are waiting for you to fail the 13 and will sue you if you fail. They are very aggressive when trying to collect too. Amex is the creditor I'm most scared of if I failed the 13. After that the JDBs.
No way I would even spend a second thinking about dismissing my 13. It would be really, really bad.
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Yes and Yes
Yes, we had success with Chapter 13 and also had a very high payment.
Yes, they will come after you.
You say you are impatient is that why you are thinking of dismissal or is there something else going on?
In our case not all the creditors put in a claim and our Chapter 13 ended almost a year early! If you didn't keep track/didn't understand how it works maybe you are closer to discharge than you think.
I don't see a reason to end it early since creditors will come back with a vengeance and you are more than halfway finished. Unless there is some circumstance you didn't mention that should be discussed with your attorney.I am not an expert. I share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22
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Originally posted by Carmella View PostYes and Yes
Yes, we had success with Chapter 13 and also had a very high payment.
Yes, they will come after you.
You say you are impatient is that why you are thinking of dismissal or is there something else going on?
In our case not all the creditors put in a claim and our Chapter 13 ended almost a year early! If you didn't keep track/didn't understand how it works maybe you are closer to discharge than you think.
I don't see a reason to end it early since creditors will come back with a vengeance and you are more than halfway finished. Unless there is some circumstance you didn't mention that should be discussed with your attorney.
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Originally posted by hcorreia1 View PostCurious, as to why you would want to have a dismissal? Anyways whatever you are dealing with, the trustee will work with you, at least that was my experience. I fell behind on payments and they allowed me to catch up.
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I got the report for all the creditors that were paid and how much through the BK 13. I wish I kept better track so I would know which collection agencies worked for which creditors. We had an embarrassing amount of credit cards. I really would like to know who didn't even file a claim.I am not an expert. I share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22
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