dismissed, What happens?

[jmonez]

my b.k is set for motion to dismiss in 15 days. I just found out i am not going to qualify for any b.k due to assets in my name that I can not utilize at this time. I imagine if i cant do b.k, in 15 days they will start repo on my auto and foreclosure process. Whats happens next, will I be in trouble with b.k court due to dismisal? also will creditors attahc liens on my assets(paid off raw land) or will they garnish wages? any help..thanks

[lrprn]

my b.k is set for motion to dismiss in 15 days. I just found out i am not going to qualify for any b.k due to assets in my name that I can not utilize at this time.

Why is your Ch 13 going to be dismissed in 15 days? Did you get behind on payments?

I imagine if i cant do b.k, in 15 days they will start repo on my auto and foreclosure process. Whats happens next, will I be in trouble with b.k court due to dismisal? also will creditors attahc liens on my assets(paid off raw land) or will they garnish wages? any help..thanks

Once your bankruptcy is dismissed, that removes your automatic stay and your creditors can do whatever they can get a court to agree too, including placing liens against property and garnishing your wages.

Once again, for us to be able to help you at all, we need to know why your Ch 13 is being dismissed and if you told your lawyer you were in trouble before the court gave you notice they were dismissing your bk.

[jmonez]

wel it is now being dismissed scheduled motion in court to dismiss nect month becuase my lawyer did not file forms on time or correctly, and did not show up to my 341 hearings. So i fired the attorney. I have since met with 2 other attorney who both told me, that due to assets(paid off ag land) woth far more than my debts is in my name. It was given to me, but I d not have permission to sell the property or even take a loan out on it. so at this point, I guess I must sit around and wait to be sued and have my wages garnished. Is that likely or will my creditors just place liens on the paid off property in my name, so that at some point if its sold, they can get paid? I hope this gives you more info....

[lrprn]

It was given to me, but I d not have permission to sell the property or even take a loan out on it.

If the land was given to you, was the title transferred to you as well? I'm worndering why you can't sell the land and pay off your debts that way without filing?

Why did you file a 13 to start with? And why did your lawyer not follow through with the rest of the filing and not show up to your 341? Did you fire him/her before that?

Also you can refile a dismissed 13 now if your filed 13 was dismissed without prejudice. Was it?

[jmonez]

it is scheduled for dismisall. (motion to dismiss court date set) my attorney was a flake and also told me even with my asset i could still file. after all the mistakes he made and no shows I fired him, and met with 2 other attorney who told me no bk, but to sell my asset and pay off debts. although i have an asset in my name valued over my debts, I do not have a family members ok to sell it or cash out on it. so now i am just waiting to see what happens when my case is dismissed? do i even need to show up to my motion to dismiss court date, since i cant refile anyway?

[falken]

I believe if you get judgements agianst you and they attach liens to this property the creditors can request a foreced sale.

If this is empty land that is not being used for the benefit or support of your family the sale may be ordered.

Either the land is your or it isn't. You either legally have the asset and can sell it, or you don't. If you are facing repossesion and foreclosure and have something that far exceeds your debts it would be time to sell it.