Table of Contents
Can a Chapter 13 be discharged?
A chapter 13 debtor is entitled to a discharge upon completion of all payments under the chapter 13 plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed …
How long does a dismissed Chapter 13?
7 years
Share:
| Type of bankruptcy | How long it stays on your credit reports (from date of filing) |
|---|---|
| Chapter 7 | 10 years |
| Chapter 13 | 7 years |
Does Chapter 13 wipe out all debt?
Chapter 13 bankruptcy allows you to catch up on missed mortgage or car loan payments and restructure your debts through a repayment plan. When you complete your plan, you will receive a Chapter 13 discharge that eliminates most of your remaining debts.
Does Chapter 13 get rid of Judgements?
Just like in Chapter 7, deficiency judgments are treated as unsecured debts in Chapter 13 bankruptcy unless your lender placed a lien on any of your assets before filing. Your lender will only receive a pro-rata share of the amount going to your unsecured creditors through your Chapter 13 repayment plan.
How do you get a hardship discharge in Chapter 13?
To qualify for a hardship discharge, the change in your circumstances must not be your fault. Also, you must typically show that a serious and permanent reason or condition prevents you from completing your plan, such as a life-changing medical condition that arose after filing your case.
What happens when I voluntarily dismiss Chapter 13?
In this situation, a debtor should consider voluntarily dismissing their Chapter 13 case, and immediately filing a new case. In the new case, the automatic stay will be in place, and will prevent the foreclosure of the debtor’s home. Voluntary dismissal of an existing Chapter 13 bankruptcy case can have unexpected consequences for debtors.
What happens when Chapter 13 is dismissed?
What Happens When Your Chapter 13 Case Is Dismissed? If your Chapter 13 case is dismissed for nonpayment of plan payments, the automatic stay is lifted and creditors may resume collection activities against you. You will again owe the full amounts of your debts, and creditors can bring actions to attach wages and property.
What happens if you default on a chapter 13?
Even if your case has already been confirmed, defaulting on your Chapter 13 payments means risking dismissal of your case. If you miss your monthly plan payments, your bankruptcy trustee will ask the court to dismiss your case for failing to comply with the requirements of your repayment plan.
What to do if your chapter 13 bankruptcy case is dismissed?
It may be possible to reinstate or re-file your Chapter 13 bankruptcy case after a dismissal. If the bankruptcy court dismissed your case, you may be able to correct the reason the case was dismissed and ask the court to reinstate your case by filing a Motion to Reconsider.