![trustee motion to dismiss chapter 13 trustee motion to dismiss chapter 13](https://cdn.uslegal.com/uslegal-preview/OR/OR-HJ-193-01/1.png)
This type of complaint is a lawsuit within the bankruptcy case. Converting the case will avoid the chapter 7 dismissal, in this scenario.Ī creditor may contest a discharge of the debt due to them, based on fraud, by filing with the bankruptcy court an “Adversary Complaint”. The debtor may oppose the request and defend himself.Ī person that does not meet the chapter 7 general criteria is permitted to convert their case to a chapter 13 and pay a portion of their monthly disposable income towards their debt. If the trustee requests the dismissal of a case, she must file the required documents with the court.
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A person who meets all of the chapter 7 criteria may have their case dismissed as a result of the following: fraud in connection with the accuracy of the bankruptcy petition failure to disclose or conceal assets or records failure to cooperate with the court or trustee false statements made to the court and other actions listed in connection with the reasons for exceptions to discharge. Chapter 7 DismissalĪ case may also be dismissed if the debtor does not meet the general criteria of a Chapter 7 (see our section on Chapter 7 document requirements). Therefore, with regard to most debt, the amount due to each creditor at the time of dismissal is more than the amount that was due initially upon the filing. Also, at the time of dismissal, the debtor will owe the amount of debt due to each creditor, including interest and costs, at of the time of the dismissal. A bankruptcy dismissal, puts the debtor in the same position, as if the debtor never filed a bankruptcy case.Īt the time of dismissal, the debtor, again, is not protected from a creditors’ commencement or continuation of an action against the debtor.
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If the case is dismissed, this means that there is a problem associated with your case, which was thrown out. The dismissal of a chapter 13 or chapter 7 bankruptcy case is bad and a discharge of a bankruptcy case is good.