I Went Chapter 13 Bankruptcy Twelve Years Ago. How Do I Get Out? – Tammy

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“Dear Steve,

FILED FOR CHAPTER13 IN NOV.97 AND HAVE PAID ALL PAYMENTS .BUT NOW WOULD LIKE TO GET OUT.CAN I GO BACK TO PAYING CREDITORS MYSELF
Your Question I FILED FOR CHAPTER 13 IN NOV.97.WHAT HAPPENS IF I WANT TO DISMISS THE CASE?

Tammy”

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  • Sable

    Nice answers which are direct from bankruptcy attorney, thanks for the posts which gives valuable information about bankruptcy filing process and law. I am also thinking to file chapter 13, have contacted Diy4law but not yet decided what to do..

  • Sable

    Nice answers which are direct from bankruptcy attorney, thanks for the posts which gives valuable information about bankruptcy filing process and law. I am also thinking to file chapter 13, have contacted Diy4law but not yet decided what to do..

  • http://www.oklahoma-bankruptcy-attorney.com Dan Nunley

    Tammy,

    A Chapter 13 plan is limited to a maximium term of sixty (60) months, so if you filed in Nov. ’97 your plan would have had to have been completed by Nov. 2002. Did you mean your case was filed in Nov. 2007.

    Are you representing yourself in the Chapter 13? If not, seek the advice of your bankruptcy attorney. If you are a “pro-se” debtor, then I would recommend that you seek the advice of a competent bankruptcy lawyer who practices in the same court where your case is filed, as local rules and procedures vary with geography.

    Having said that, this is the advice that I would give a client of mine:

    If you wish to no longer be in a Chapter 13 bankruptcy, you have the unilateral right to file a Motion to Dismiss your case. However, understand that simply dismissing your case doesn’t erase your bankruptcy and your credit report will still reflect the fact that you filed bankruptcy.

    Also realize that if you should change your mind or later need to refile, a subsequent filing could be more difficult and will likely receive more scrutiny based on being a serial filing.

    Furthermore, be aware that a debtor who voluntarily dismisses a case after a Motion for Relief (MFR) has been filed in that case is not eligible to re-file for 180 days. If a MFR has been filed, just be aware that if you dismiss then change your mind, you likely would be barred from refiling for 6 months.

    In conclusion, don’t act impulsively. Review why you filed Chapter 13 in the first plane and be extremely thorough and thoughtful in your decision to voluntarily dismiss your case.

    Dan Nunley
    http://www.oklahoma-bankruptcy-attorney.com
    .-= Dan Nunley´s last blog ..Meeting a Client for the First Time at Court is Bad Lawyering and Poor Client Service =-.

  • http://www.chs-law.com/rss.xml Carl H. Starrett II

    In a Chapter 13 bankruptcy, you would normally receive a discharged after making all of your payments required by the plan. The maximum length for a Chapter 13 bankruptcy is 60 months and I do not see how it could be possible for the case to still be open.

    You really need to talk to a local bankruptcy attorney who can access the court’s online records to seek clarification of the actual status of your bankruptcy.
    .-= Carl H. Starrett II´s last blog ..Preparing For Your Meeting of Creditors =-.

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