Chapter 13 Case Dismissal
Joliet Illinois Bankruptcy Lawyers & Attorneys
David Siegel: Right. One or two things will happen. Either the trustee, who oversees the Chapter 13 payments, will bring a motion to dismiss the case, throw out the case because the debtor, the homeowner, is not complying with the repayment plan. Or what we see more commonly first, is the mortgage company will bring a motion to the bankruptcy court asking for permission to avoid the bankruptcy and continue to foreclose because they’re not getting their payments. They’re going to move a little bit quicker than the trustee.
Jesse Barrientes: They’re not getting their payments through the plan?
David Siegel: They’re not getting their payments through the plan –
Jesse Barrientes: Or they’re not getting their regular payments.
David Siegel: Or they’re not getting their regular payments, which is more common.
Jesse Barrientes: From doing that.
David Siegel: Remember Chapter 13 is a tough deal. The homeowner has to make the regular mortgage payment going forward. Like they always have. Plus make a payment to the trustee. So it’s an extra burden. It’s very difficult. The must stay employed. They must budget. They must avoid any kind of time off of work or anything that could bring a negative short fall per month. They need to avoid that.
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Chapter 7
What’s needed to file a Chapter 7 case?
Stay on creditors during a Chapter 7 case
Mistakes made in a Chapter 7 case
Listing creditors in a Chapter 7 case
Credit counseling classes in a Chapter 7 case
Notice to creditors in a Chapter 7 case
There is life after bankruptcy
Chapter 13
Saving your home with a Chapter 13
Stopping a sheriff sale using Chapter 13
Converting to a different chapter from Chapter 13
