How do I not have my bankruptcy dismissed? 15 Answers as of March 23, 2012

I am behind on my payments 3-4 months. received letter of dismissal. I missed court date. How do I not have my bankruptcy dismissed. Or how do I have it reinstated ?

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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You must file a motion to vacate the dismissal with the Court.
Answer Applies to: Virginia
Replied: 3/23/2012
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
If you missed the court date for the hearing on the Trustee's motion to dismiss, your case may already be dismissed. If not, call the trustee's office and ask to speak to someone about the hearing. Have a plan in mind to catch up the payments. This advice assumes you have no attorney. If you do have an attorney, call him immediately. If you have no plan to catch up the payments, you could possibly convert your case to a Chapter 7. It depends on when and why you filed your 13.
Answer Applies to: Wisconsin
Replied: 3/19/2012
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
At this point probably refiling a new case is your only viable option.
Answer Applies to: California
Replied: 3/19/2012
Ferguson & Ferguson
Ferguson & Ferguson | Jackie Ferguson Graham
Courts usually won't reinstate a bankruptcy dismissed for lack of payments. You may have to refile.
Answer Applies to: Alabama
Replied: 3/18/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should respond to the motion to dismiss, and if you can not get the payment to the trustee to catch up, then make a motion to reduce your payment so that you can stay in bankruptcy.
Answer Applies to: New York
Replied: 3/17/2012
    T.K. Byrne | Timothy K. Byrne
    Pay into the chapter 13 plan.
    Answer Applies to: Mississippi
    Replied: 3/16/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    There are no do-evers in law. You made a tragic blunder in not having a lawyer, and an even worse one in ignoring a judge's order to attend court, and a third one in not dealing with a dismissal in a timely fashion. At this point, plan to see a lawyer and pay a lot more to refile than your first case would have cost if you even can refile.
    Answer Applies to: Georgia
    Replied: 3/16/2012
    Debt Relief Law Center | Roger J. Bus
    Sometimes it takes quite some time for the actual Dismissal Order to be entered after the Bankruptcy Court dismisses the case in open court. If you Chapter 13 has been dismissed already, you would have to immediately file (usually within 10 days) a Motion to Reconsider presenting new information to the Court.
    Answer Applies to: Michigan
    Replied: 3/16/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    I assume you are in a chapter 13. The answer may depend on the local practice of the chapter 13 trustee. But you need the money to get current or to move to reinstate. You might be able to file a motion to modify chapter 13 plan to change the payments.
    Answer Applies to: Florida
    Replied: 3/16/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If already dismissed then you need to petition the court to reinstate the case. If not dismissed yet then you need to pay the entire amount owed or attempt to modify the plan to suspend payments not made and increase future payments if possible to pay the amount you did not pay. Another choice may be to file a new case but there are technical consequences from doing that plus the cost may be greater. I hope you have an experienced attorney representing you. If not, you are probably not going to be successful in Chapter 13 anyway. Very few unrepresented or pro se cases are successful in Chapter 13.
    Answer Applies to: California
    Replied: 3/16/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Catch your payments immediately, assuming that your case hasn't already been dismissed. Or have your attorney see if they can amend your plan with you making a substantial payment towards your arrearage.
    Answer Applies to: Michigan
    Replied: 3/16/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You will need a motion, and probably a lawyer to get that done.
    Answer Applies to: California
    Replied: 3/16/2012
    J.M. Cook, P.A. | J.M. Cook
    If you were behind and missed the court date, you are probably already dismissed. You need to call the court and find out first. If you were dismissed or you weren't the only way to reinstate or keep from being dismissed is to make up your payments today.
    Answer Applies to: North Carolina
    Replied: 3/16/2012
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Contact the trustee, maybe you can modify your plan to catch up. Or may be possible to convert to Ch 7.
    Answer Applies to: Mississippi
    Replied: 3/16/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you do not pay the amount owed there is not much that you will be able to do. You will have to refile the case.
    Answer Applies to: California
    Replied: 3/16/2012
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