What happens in court on falling behind in a chapter 13 bankruptcy repayment plan? 4 Answers as of October 28, 2010

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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The Law Office of Mark J. Markus | Mark Markus

The Court will likely grant the Trustees Motion unless you properly oppose the motion and file a separate Motion to Suspend or Modify your Plan payments, as appropriate.

Answer Applies to: California

Replied: 10/28/2010

Law Offices of Juan Dotson | Juan Dotson

If you fail to make your payment plan current, the court will dismiss your case or convert it to a chapter 7 liquidation. You should act on the trustee's petition for dismissal now. Consider seeking an attorneys help to modify, extend or suspend the plan. Your hardship may also warrant a discharge of your remaining debts.

Answer Applies to: California

Replied: 10/28/2010

The Orantes Law Firm | Giovanni Orantes

You can oppose the dismissal by getting caught up with your payment plan and informing the trustee and the Court of that, filing a timely motion to modify your plan (which will usually allow you to get caught up by making your future payments larger) or seeking a hardship discharge. You usually need your lawyer to help you with that. Most districts have an agreement of which both you and your lawyer are parties that requires your lawyer to respond for you, though additional fees may be charged.

Answer Applies to: California

Replied: 10/28/2010