Can I have my bankruptcy stopped? 15 Answers as of October 31, 2013

What are the cons and pros of getting out of a chapter 13 before my 5 year repayment plan? I am wanting to stop my repayment plan. Will the creditors contact me again? Is there a time limit on the creditors contacting me?

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Law Office of Thomas C. Phipps | Thomas C Phipps
The creditors can come after you if you dismiss the chapter 13. They can sue you any time within the statute of limitations period.
Answer Applies to: Missouri
Replied: 10/31/2013
Stephens Gourley & Bywater | David A. Stephens
You can dismiss your bankruptcy, but it resets the table to pre-bankruptcy conditions. Your creditors can contact you to collect the debts.
Answer Applies to: Nevada
Replied: 9/19/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You may dismiss your chapter 13 at any time upon filing a notice of dismissal. Once your case is dismissed your creditors have every right to pursue you for payment.
Answer Applies to: Nevada
Replied: 9/18/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
They will come back after you and the interest charges will spring back to life.
Answer Applies to: California
Replied: 9/18/2013
Danville Law Group | Scott Jordan
The cons is that you will not receive your discharge and the creditors will be free to restart their collections efforts. What is the reason you want to dismiss your Chapter 13? Has your income changed? If so, have you considered converting the case to a Chapter 7 and obtaining your discharge quickly?
Answer Applies to: California
Replied: 9/18/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    The pros and cons all depend on your situation which you have not elaborated on in your question. Do you have a change in circumstances? What are you paying for in the bk? Types of debts and current income plus your goals for filing all have an impact on what I would call the pros and cons of continuing. If you have an attorney, this is a conversation you need to have with him or her.
    Answer Applies to: Wisconsin
    Replied: 9/18/2013
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    There is no requirement to continue in your chapter 13 case. However, if you dismiss your bankruptcy, then immediately you would no longer have bankruptcy protection from creditors. Depending on the facts of your case, you might also consider converting to chapter 7. There are serious and numerous issues that need to reviewed when making this decision.
    Answer Applies to: Florida
    Replied: 9/18/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You are always able to dismiss your Chapter 13 case but you need to understand that doing this will not remove the bankruptcy from your credit report. Once the Chapter 13 is dismissed, your creditors are all free to contact you and to take legal action to collect from you. Any time limit for the creditors to collect was paused by your Chapter 13 filing, so you cannot use the delay from filing Chapter 13 to avoid paying a debt otherwise barred by the passage of time in the Chapter 13.
    Answer Applies to: Nevada
    Replied: 9/18/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Then they would all start calling you just like they did prior to filing.
    Answer Applies to: New York
    Replied: 9/17/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you dismiss a chapter 13 plan then you are right back where you started with regard to all your unpaid debts. The only way to obtain a discharge of your debts is to complete the plan, apply for a hardship discharge I it is appropriate, or convert to a chapter 7 case if you are eligible. You should be speaking with your attorney bout your current situation to see what your options are.
    Answer Applies to: Colorado
    Replied: 9/17/2013
    Gregory L. Bosse Attorney at Law
    Gregory L. Bosse Attorney at Law | Gregory Bosse
    You have the right to dismiss your Chapter 13 bankruptcy at any time. However you should talk to an attorney about a hardship discharge and several other considerations.
    Answer Applies to: California
    Replied: 9/17/2013
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    Unless your case was converted from a chapter 7, you generally have the right to dismiss your chapter 13 at any time. However you're going to owe your creditors just the same amount as you would had you never file bankruptcy in the first place. The statute of limitations on suing you will also be extended to match the time you were in bankruptcy.
    Answer Applies to: California
    Replied: 9/17/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you dismiss the bankruptcy prior to completing the Plan payments it is as if you never filed and they can resume all contact.
    Answer Applies to: New Jersey
    Replied: 9/17/2013
    Elkington Law
    Elkington Law | Sally Elkington
    Generally, you have an absolute right to dismiss your Chapter 13 bankruptcy, or convert it to a Chapter 7. Whether either of those options are the right choice will need to be evaluated by a bankruptcy attorney, as the consequences could be very detrimental to you.
    Answer Applies to: California
    Replied: 9/17/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    If you dismiss your case, all creditors can start collection activity upon receipt of the Dismissal Order and everything goes back to square one. You may want to think hard about dismissing your case.
    Answer Applies to: Georgia
    Replied: 9/17/2013
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