Chapter 13 dismissal question

Discussion in 'Credit Talk' started by NanaC, Mar 24, 2001.

  1. NanaC

    NanaC Well-Known Member

    Does anyone know the difference between a chapter 13 dismissal and a chapter 13 "dismissal after confirmation?"

    Thanks a bunch!
     
  2. jshimmer

    jshimmer Well-Known Member

    Re: Chapter 13 dismissal quest

    You visit your attorney.
    He goes to court and files the paperwork & precipe for your BK, which gets you a day in court to go in front of the BK judge, piss/cry/moan, and hopefully the judge grants your Chapter 13 -- that's the confirmation point. Then, you make your payments for 5 years. After then, you pay no more, all remaining debt is discharged, and you owe nothing.

    If you change your mind or don't go to the initial hearing, it's DISMISSED -- but remains on your record 7 years from date of filing, because you did, in fact, FILE.

    But if you confirmed it (went to the hearing, judge granted the 13, set up the payment plan, etc.), and then you either voluntarily asked for a dismissal before all payments were made, or if you failed to make the payments, the BK would be DISMISSED after confirmation.

    In either case, none of the debt is discharged, which means you STILL owe the debt.

    John Shimmer
    http://www.millcbs.com
    Home of the Ultimate Creditor/CRA List
     
  3. NanaC

    NanaC Well-Known Member

    Re: Chapter 13 dismissal quest

    Ok, that makes sense..thanks
     

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