Dismissal

A dismissal is a termination of a bankruptcy case without discharge. The debtor and his or her creditors have the same rights after dismissal as they had before the case was filed. Dismissal occurs for several reasons, including failure to comply with requirements of the bankruptcy code.

Frequently Asked Questions

Our frequently asked questions also address Dismissal:

What happens if I change my mind about filing bankruptcy?

Sometimes circumstances change and bankruptcy might no longer be a good idea. If you haven't filed yet, you are under no obligation to do so. If you have already filed, which chapter you have filed under becomes critical. Debtors can voluntarily dismiss a chapter 13 bankruptcy at most any time. Since Chapter 13 bankruptcy is based on your future income, whether you commit that income to a bankruptcy plan is voluntary. One will lose the benefits of bankruptcy if taking a voluntary dismissal.

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What happens if I fall behind on my chapter 13 payments?

If you miss payments on your chapter 13 plan, you risk being dismissed from your bankruptcy case, or in more unusual circumstances converted to chapter 7. If your case is dismissed, your creditors will be able to resume efforts to collect from you, and you will not receive a bankruptcy fresh start. If a case is converted, a chapter 7 trustee will be appointed to sell your non-exempt property and pay your creditors.

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After being dismissed, can I file Chapter 13 bankruptcy again?

Generally, one can file bankruptcy again after a chapter 13 case has been dismissed. Re-filing is relatively common. Sometimes there are limits on re-filing at all, but more often the limits affects the available of the bankruptcy automatic stay.

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What is a Motion to Dismiss in Chapter 13?

A motion to dismiss is a common motion in a chapter 13 bankruptcy. Such a motion asks the judge to close the bankruptcy, and the result is no discharge of debts and the debtor is left to resolve debt matters without the assistance of the bankruptcy process. Most motions to dismiss are filed by the Chapter 13 Standing Trustee.

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When does the automatic stay end?

The automatic stay begins immediately upon the filing a of a voluntary bankruptcy case. For the most part, it ends on dismissal, discharge, denial of discharge, or closing of the case.

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