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