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Hawaii Debtors Motion To Dismiss Chapter 13 Case

Hawaii Debtors Motion To Dismiss Chapter 13 Case

Name: Hawaii Debtors Motion To Dismiss Chapter 13 Case
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.62 (278 reviews)

Category:

Hawaii Federal - Bankruptcy - Chapter 13

State:

Hawaii

Control #:

HI-SKU-0007

Format:

Instant download

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Description

Debtors Motion To Dismiss Chapter 13 Case Hawaii Debtors Motion To Dismiss Chapter 13 Case is a legal filing which is used to request a dismissal of a Chapter 13 bankruptcy case in the state of Hawaii. This motion is filed by a debtor who is seeking to dismiss their case without a court order. The debtor must provide the court with reasons why they are requesting the dismissal and the court will decide whether to grant the motion. The types of Hawaii Debtors Motion To Dismiss Chapter 13 Case include: 1) Motion Based on Substantial Abuse; 2) Motion Based on Inability to Make Plan Payments; 3) Motion Based on Unforeseen Circumstances; 4) Motion Based on Dismissal of Case After Confirmation; 5) Motion Based on Debtor's Request to Dismiss; 6) Motion Based on Insufficient Assets; and 7) Motion Based on Lack of Good Faith.

Hawaii Debtors Motion To Dismiss Chapter 13 Case is a legal filing which is used to request a dismissal of a Chapter 13 bankruptcy case in the state of Hawaii. This motion is filed by a debtor who is seeking to dismiss their case without a court order. The debtor must provide the court with reasons why they are requesting the dismissal and the court will decide whether to grant the motion. The types of Hawaii Debtors Motion To Dismiss Chapter 13 Case include: 1) Motion Based on Substantial Abuse; 2) Motion Based on Inability to Make Plan Payments; 3) Motion Based on Unforeseen Circumstances; 4) Motion Based on Dismissal of Case After Confirmation; 5) Motion Based on Debtor's Request to Dismiss; 6) Motion Based on Insufficient Assets; and 7) Motion Based on Lack of Good Faith.

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FAQ

If a debtor fails to keep up with payments under their repayment plan in a Chapter 13 bankruptcy, the bankruptcy trustee may file a motion to dismiss their case. This means that their debts would not be discharged because the case would be considered unsuccessful.

A case closed without discharge is not dismissed, and it is not discharged. It can happen in several ordinary circumstances. Chapter 13 cases that follow closely after the Debtor receives a Chapter 7 discharge will not be discharged. In these cases, after the plan payments are completed, the case will be closed.

Dismissal of a Bankruptcy Case ? Dismissal ordinarily means that the court stopped all proceedings in the main bankruptcy case AND in all adversary proceedings, and a discharge order was not entered. Dismissal can occur because a debtor requested the dismissal and qualifies for voluntary dismissal.

Why do roughly 2 out of every 3 Chapter 13 cases fail? Well, to get a discharge of your debts, you need to complete a 3-5 year repayment plan. And most plans are 5 years long. Only at the end of the plan will the remainder of some debts be forgiven.

Your debts will not be discharged. Often creditors?especially unsecured creditors?don't bother to file claims with the bankruptcy court and their debts get discharged, but only if you complete the plan. When the case is dismissed, those creditors stay with you.

If your Chapter 13 bankruptcy case was dismissed, you could refile. However, you will need to wait 180 days if any of the following apply to your case: You voluntarily dismissed the case after a Motion for Relief was filed. The case was dismissed with prejudice.

In most cases, failure is due to one of several reasons: Life circumstances. Not having the guidance of an experienced bankruptcy attorney. Over-ambition.

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

More info

Debtor's Motion for Voluntary Dismissal of Chapter 13 Case. MANDATORY. Form Type: Local Bankruptcy Rules Forms.The motion will tell you why the trustee is asking the court to dismiss your case—it's likely that it will be for nonpayment. The court chooses whether to dismiss your Chapter 13 bankruptcy with or without prejudice. Most cases dismiss without prejudice. A bankruptcy trustee can move to dismiss your Chapter 13 bankruptcy for non-payment. (e) Dismissal of an Individual Debtor's Chapter 7 Case, or Conversion to a Case Under Chapter 11 or 13, for Abuse. If you are in a Chapter 13 plan and are unable to keep the payments current, the Trustee, or one of your creditors, may file a motion to dismiss the case. Saf. 24, 1443 AH — Why do Chapter 13 Bankruptcy Cases Often Get Dismissed? Before the Court is the Debtor's motion to voluntarily dismiss this Chapter 13 petition pursuant to Section 1307(b) of the Bankruptcy Code.

Hawaii Debtors Motion To Dismiss Chapter 13 Case

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