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Chapter 13 Dismissed

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    #1

    Chapter 13 Dismissed

    I have had an active Chapter 13 for over 3 years and had 14 months to go on it.

    I was behind 4 monhts and it has been dismissed effective 6/20/2005.

    I want to continue and finish the Chapter 13 but do not know if I can appeal, reinstate or refile. Although, I have heard I can refile right away?

    The attorney I was using just seemed to heap on charges every time I called and I would like some ammunition befor I go off looking for another attoreny or for a solution.

    There is a specific reasonI want to be in Chapter 13 and not Chapter 7.
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    #2
    What happened that got you behind on the plan payments?

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      #3
      The compnay I worked for was going under and I hung in too long. BY the time I got a new job I was behind 4 months (I had gotten behind once before but got caught up).

      I wanted to make sure the new job was secure and that I could continue with the plan, but it was dismissed bfore I could catch up on the payments. I have a steady income now and can either pick up where i was or start again. As I said the largest part is already paid?

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        #4
        seek a discharge

        You should have sought a hardship discharge from your chapter 13. I'm in the process of losing my job. I'm halfway through a 5-year plan. Lawyer says loss of job should qualify for an early discharge. check it out. good luck.

        Comment

          #5
          Originally posted by Bader55
          The compnay I worked for was going under and I hung in too long. BY the time I got a new job I was behind 4 months (I had gotten behind once before but got caught up).

          I wanted to make sure the new job was secure and that I could continue with the plan, but it was dismissed bfore I could catch up on the payments. I have a steady income now and can either pick up where i was or start again. As I said the largest part is already paid?

          You should have let the ch13 trustee know. They would usually work with you in this case. It seems like you came such a long way only to be dismissed.

          Comment

            #6
            Originally posted by Juicy
            You should have sought a hardship discharge from your chapter 13. I'm in the process of losing my job. I'm halfway through a 5-year plan. Lawyer says loss of job should qualify for an early discharge. check it out. good luck.


            I was wondering that too if a job loss qualifys for a ch13 "hardship discharge". I thought you would have to convert to a ch7. I thought the hardship discharge is only for a serious injury or illness,

            Thanks for the info!

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