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Most Common case dismissals?

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    Most Common case dismissals?

    Now that I am waiting for my 341 meeting I was wondering what the most common dismissals were? If for any reason you miscalculate income due to deduction and all those calculations, would that be grounds for dismissal?

    Just curious. Thanks for any input!
    Filed Chapter 7 4/22/2009
    341 Meeting Scheduled 5/27/2009
    Discharged 7/30/2009
    Awaiting closing!!!!

    #2
    Originally posted by arami008 View Post
    Now that I am waiting for my 341 meeting I was wondering what the most common dismissals were? If for any reason you miscalculate income due to deduction and all those calculations, would that be grounds for dismissal?

    Just curious. Thanks for any input!
    According to a post on the BankruptcyLawNetwork: "The Court (or Judge) may dismiss the case if required paperwork is not filed on time. The Court may dismiss the case if the debtor failed to get the required credit counseling before filing. The Court may dismiss a Chapter 13 case if the judge does not believe that the plan of reoganization (the Chapter 13 Plan) is going to work. An attorney may voluntarily dismiss a Chapter 13 case (the Chapter 7 Trustee will usually object to a voluntary dismissal of a Chapter 7 case) if the debtor loses a job, financial status changes for some reason, or some other strategic reason. Dismissal is usually not a good thing and attorneys try to avoid it, especially after the amendments to the bankruptcy code of 2005." http://www.************************/...ot-discharged/
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      That pretty much sums it up. Most dismissals are technical not substantive.

      Failure to file the Credit Counseling Cert, or provide some required document.

      Comment


        #4
        Chapter 7 Dismissal?

        I was wondering about the most common reasons to dismiss also, I am waiting to hear from Trustee about 727 objection. I think is that asked for an extension to pick over my records with a finer toothed comb. It is now day 11 of the 30 day extension for trustee to file 727 objection. If they object that means they dismiss, and I would have to file a Chapter 13, wouldn't I? When will I know, on day 30 at the latest? I wish I could figure out what is going on. I know nobody else can read the Trustee's mind but I am going crazy with being in limbo like this, I have other family situations with adult children looming that need to be resolved but which also have to wait.





        Filed 1/11/09
        341 2/14/09
        Filed Chap. 7 1/11/09
        341 2/14/09; later declared asset case
        Discharged 5/18/09
        Asset case - still no payment plan proposed

        Comment


          #5
          If there is an exemption, you have a couple of options.

          1. Fight it
          2. Negotiate it
          3. Let the case dismiss
          4. Convert to chapter 13.

          Comment


            #6
            Thanks for the post...I filed a complete petition and am waiting for the 341 meeting.
            Filed Chapter 7 4/22/2009
            341 Meeting Scheduled 5/27/2009
            Discharged 7/30/2009
            Awaiting closing!!!!

            Comment


              #7
              Objection/exception

              Thanks HHM, once I find out what they are objecting to at least I will be able to figure out what to do next, and I will certainly consult with you all here.
              Filed Chap. 7 1/11/09
              341 2/14/09; later declared asset case
              Discharged 5/18/09
              Asset case - still no payment plan proposed

              Comment

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