What happens if my chapter 13 bankruptcy is dismissed? 27 Answers as of July 24, 2012

We failed to pay our taxes to the trustee. We ended up using it to pay bills. I recieved a letter saying that we had to pay by July 1st on June 30th. Is there any way we can make a payment plan to the trustee or refile?

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Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
Contact the trustee and make arrangements to catch up your plan payments.
Answer Applies to: Colorado
Replied: 7/24/2012
ABACUS LAW SVCS.
ABACUS LAW SVCS. | Ben Pradhan
If your Chp13 is dismissed, the automatic stay preventing your creditors from collection will be lifted. They can resume collection efforts, obtain judgments and proceed to garnish your wages/bank, repossess or foreclose on property. Depending on where you are in your plan (timeline) you may be able to request a modification of your plan and propose a payment plan to the trustee. Your Chp13 plan can be extended upto but not beyond 60 months. Howeve if there is not enough time left on your plan, this may not be feasible. You may be able to refile your case.
Answer Applies to: Oregon
Replied: 7/18/2012
Jonathan P. Shultz | Jonathan P. Shultz
Did you file without an attorney? Most folks don't realize this, but if another attorney is still technically representing you, others won't even want to discuss representing you until the other attorney has withdrawn from your case. That's because we have rules to abide by. Merely being inactive does not equal a withdrawal, either - he or she must officially withdraw through the court process, and you would have received a copy of the pleading in the mail and seen that big Withdraw word right in the caption. If I am assured that you are not represented by another attorney, I will be happy to discuss some low-cost options with you. Most times you can simply call or email your attorney and just ask that they withdraw.
Answer Applies to: Colorado
Replied: 7/16/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If it is dismissed, then you are basically back at square one.
Answer Applies to: Indiana
Replied: 7/16/2012
Maskell Law Firm, P.C.
Maskell Law Firm, P.C. | Eric A. Maskell
If your case is dismissed you have the option to refile. It may require an additional hearing to extend the automatic stay and you would start your case over from the beginning but you can refile. However, the trustees are usually understanding regarding tax returns and you or your attorney may file a response to the motion to dismiss and request a payment plan and explain the circumstances to both the judge and trustee.
Answer Applies to: Texas
Replied: 7/16/2012
    Alvin Lundgren | Alvin Lundgren
    Then your bankruptcy process is stopped. You can reapply in some circumstances.
    Answer Applies to: Utah
    Replied: 7/16/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    If it does get dismissed, many times you will be able to refile. Consult with the attorney that helped you file the case and I'm sure they can give you some options.
    Answer Applies to: Arkansas
    Replied: 7/16/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your post is evidence of why pro se cases are such a bad idea. If you had a lawyer and could have shown a need to retain refunds, you might have gotten permission in advance. As to whether you can (or should refile) you NEED to now do what you didn't do - get a lawyer - and do it before that July 1 deadline!
    Answer Applies to: Georgia
    Replied: 7/16/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    It may be possible for you to keep the tax return BUT it has to be done though the Bankruptcy Court process. Usually, your attorney would file a Motion to Retain Tax Refund. In the Motion, you need to state what the refund will be used for, such as unexpected bills. Talk with your bankruptcy attorney as soon as possible.
    Answer Applies to: Georgia
    Replied: 7/16/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    There are procedures to modify a chapter 13 plan. I assume you are using an attorney in the chapter 13. You need to consult with the attorney right away.
    Answer Applies to: Florida
    Replied: 7/16/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If your case is dismissed, you can refile your case again.
    Answer Applies to: California
    Replied: 7/16/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If you received an order from the court dismissing your case, you must pay a new filing fee, and refile a case with a new Chapter 13 plan and schedules. You will also need an order from the court extending the automatic stay to your new case as well. You will need to consult an attorney about refiling your case.
    Answer Applies to: Georgia
    Replied: 7/16/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    I assume that you used your tax refund to pay bills. If there was an order in the Chapter 13 case requiring you to pay your tax refund to the Chapter 13 Trustee and you spent the money before you got the letter, your attorney should contact the Trustee and work out a plan to pay the money that you were required to turn over to the Trustee. It doesn't make any sense to me that you received a letter on June 30th requiring you to make a payment on July 1st. If the case gets dismissed, you can refile if this was not something that was calculated to avoid paying the Trustee. You may have to amend the plan that was filed or get some other relief from the Chapter 13 Trustee or the Bankruptcy Court. Without knowing all of the facts, it is difficult to give you the best advice regarding the problem.
    Answer Applies to: Michigan
    Replied: 7/5/2012
    Steven Alpers | Steven Alpers
    You could try a motion to re-open your bankruptcy if you can pay the taxes now or you could refile.
    Answer Applies to: California
    Replied: 7/16/2012
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    You may want to speak to your attorney about filing a motion to retain tax refund to excuse the fact that you used the money. Your only other choices are to repay that money to the trustee or let the case get dismissed and refile.
    Answer Applies to: Georgia
    Replied: 7/16/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You would have to actually speak with the trustee about the letter and making payments. You need an attorney to do a bankruptcy because of things like this.
    Answer Applies to: Florida
    Replied: 7/16/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Assuming its the first one you have filed you can refile. However, the Court could put a bar from refiling for 6 months. That is you could be precludued from filing another for 6 months. If plan payments are to high you can file a motion to modify or suspend plan payments temporarily. Call trustee to see if will work with you that have all the power.
    Answer Applies to: California
    Replied: 7/16/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should send in money to trustee asap or call and see if they will still accept it. If you do not, then the trustee will make a motion to dismiss in which case you will have to go to court to present payments to show you are current again.
    Answer Applies to: New York
    Replied: 7/16/2012
    The Stockman Law Office | Mary Stockman Esq.
    You don't live in FL? In Florida there is an exemption for a tax refund.
    Answer Applies to: Florida
    Replied: 7/16/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Most likely you can refile. When you need the funds from the tax refunds - file a motion in advance explaining why you need them to avoid this in the future.
    Answer Applies to: California
    Replied: 7/16/2012
    Attorney At Law | Harry D. Roth
    If you fail to make your plan payments on time, the trustee is going to act to dismiss your case, pretty much that simple. Call your lawyer, if you have one and if not, call the trustee's office to try to make arrangements. No matter who you call, the first question is going to be, "when can you catch up". So figure that out BEFORE you make a phone call. Remember that a new payment will come due every 25th of the month until the cows come home, so you have to make those payments, too or you will be right back in the soup. You may need to look at a different plan payment, if that is possible, because the reality may very well be that you can't afford your chapter 13 plan. Before you file is always the best time to figure this out, but now the house is on fire and you have to choose which part of the house gets the hose put on it first. You may not be able to do everything you want to do. You may need to set priorities and when you do that, you may discover that the 13 doesn't help you meet them.
    Answer Applies to: California
    Replied: 7/16/2012
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    If you Plan required you to pay over your tax refunds to the trustee and you failed to do so you violated a material term of your Plan and your case may be dismissed. You need to consult with an attorney about this immediately.
    Answer Applies to: California
    Replied: 7/16/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    Contact your attorney's office and have them inquire with the trustee's office. You may not be able to refile if you went directly against something ordered in your present bankruptcy.
    Answer Applies to: Alabama
    Replied: 7/16/2012
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