What happens when a Chapter 13 bankruptcy is dismissed?
I have been working on a "plan" with my attorney and trustee for almost a year now. Now they want to increase my payments to a point where I cannot afford it. I may want to dismiss my case but what happens when I do that? I know I am thrown back to the sharks so to speak as far as my creditors go. Do I have to wait to re-file another Chapter 13 plan with a different attorney?
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Sounds like you have your facts right.
1) The stay is automatically lifted and your creditors will be after you.
2) All that money you invested in your plan for the past year goes to your attorney and trustee…..they are now paid. Do you think they care about you now?
3) You get to wait 6 month before you are allowed to file again.
4) I don’t think you will qualify for upgrading to Chapter 7…if so you would have done it already.
What is the reason they are raising your plan payments? Unless you came into some more money, or a new job, I see no reason for this. Why isn’t your attorney fighting this?
You may with to consult a differant attorney and get his opinion, maybe evern let them do your case. It sounds like your current attorney has botched your case.
If you dismiss you will be thrown back into the water (because the bankruptcy is not discharged, they can come back after you full force).
Have you talked to your lawyer about converting from chapter 13 to chapter 7? I have heard of many people doing this when the chapter 13 payments become too much.