What happens in court on falling behind in a Chapter 13 bankruptcy repayment plan? How? 10 Answers as of May 08, 2015

I fell behind on the repayments. It has been more than two years on the Chapter 13 repayment. My trustee petitioned for a dismissal. What is going to happen in court?

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A Fresh Start
A Fresh Start | Dorothy G Bunce
Either your chapter 13 will get dismissed or you need to submit a new plan to repay your debts to achieve your Chapter 13 goals. Do nothing and your case will get dismissed for sure.
Answer Applies to: Nevada
Replied: 5/8/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well unless you can make a deal with the trustee, the case will be dismissed.
Answer Applies to: California
Replied: 5/8/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Call the Chapter 13 Trustee's office. They will normally give you an opportunity to catch up. There is another option. A post petition confirmation modification. You will have to pay an attorney to do this. This is like trying to explain how to remove an appendix. I hear it is a simple operation, but you can't teach someone this in one session on the internet. Any experienced BK lawyer can help you. Good luck!
Answer Applies to: Colorado
Replied: 5/7/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Your case will be dismissed unless you convert to a chapter 7 before you are dismissed or if you get caught up on payments.
Answer Applies to: New York
Replied: 5/7/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
Generally, and depending on the bankruptcy district where your case is filed as there are some differences, you can first establish a justifiable reason why you fell behind and either catch up on the payments in one lump sum, propose to catch up on the payments in a few installments (you may have to establish how you can pay extra each month if all of your disposable income is going to make plan payments) or your case will be dismissed and you will be in the position you were prior to filing except some of your creditors will have received payment from the Chapter 13 trustee for the past two years.
Answer Applies to: California
Replied: 5/7/2015
    Stephens Gourley & Bywater | David A. Stephens
    It will be dismissed unless you can formulate a proposal to get back on track.
    Answer Applies to: Nevada
    Replied: 5/7/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You should contact your lawyer, or contact the trustee to see if you can make arrangements to catch up the missed payments. If you do nothing your case will be dismissed.
    Answer Applies to: Colorado
    Replied: 5/7/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Usually the trustee's motion to dismiss will state the options you have to keep your case alive, but any alternative would involve some agreement to catch up immediately or over time. If you don't have a lawyer (which you should!) then call the trustee's office and ask what your options are. Most chapter 13 trustees want to help you stay in the plan and will work with you if you think you can catch up. They can also tell you what to do if you want to schedule a hearing with the judge, but if you can work out something with the trustee's office, they will withdraw their motion and tell the court how it's resolved without a hearing. You should not expect much sympathy from the judge, because your payments did not comply with the judge's order. If you do nothing, your case will be dismissed, the bankruptcy stay will be lifted, and all your creditors will be notified by the court.
    Answer Applies to: Oregon
    Replied: 5/6/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If you can't modify your plan and make up the payments you case will be dismissed and you will need to refile.
    Answer Applies to: Florida
    Replied: 5/6/2015
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    The case will most likely be dismissed for failure to make plan payments.
    Answer Applies to: California
    Replied: 5/6/2015
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