Can a bankruptcy trustee dismiss my case because of missed payments? 7 Answers as of October 13, 2010

I have been making payments to my Chapter 13 repayment plan for a little over a year. I have fallen behind because of tough economic times. My trustee has threatened to petition for a dismissal. What is going to happen?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes, a trustee can move the Court to dismiss your Chapter 13 bankruptcy due to your failure to make plan payments. If you have a bankruptcy attorney, you should consult with him now. If you do not have a bankruptcy attorney, you should call a certified specialist in bankruptcy law and make an appointment for a free consultation. A judge will most likely grant the Trustees Motion to Dismiss your case if you do not file a persuasive opposition. You should have your bankruptcy attorney analyze whether or not your case can and should be converted to a Chapter 7 or your plan should be amended.
Answer Applies to: California
Replied: 10/13/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If you did not file a motion to modify your plan payments and have that approved by the court, by guess is the judge will dismiss your case.
Answer Applies to: California
Replied: 10/11/2010
Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
You will be dismissed. You lose everything you put in. You can convert to a chapter 7 if your income is below a certain amount.
Answer Applies to: Florida
Replied: 10/11/2010
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
You must discuss this with your attorney immediately. If you do not have an attorney, get one.
Answer Applies to: California
Replied: 10/10/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Yes, if you don't make payments your case will be dismissed.
Answer Applies to: California
Replied: 10/9/2010
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