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Hawaii Motion To Dismiss Case For Non-Appearance At Meeting of Creditors Notice of Hearing

State:
Hawaii
Control #:
HI-SKU-0069
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PDF
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Motion To Dismiss Case For Non-Appearance At Meeting of Creditors Notice of Hearing

A Hawaii Motion To Dismiss Case For Non-Appearance At Meeting of Creditors Notice of Hearing is a form used in bankruptcy proceedings. It is a legal document that is filed with the court to notify creditors that the debtor has failed to appear at the meeting of creditors and that the case is being dismissed. The notice will include the date and time of the meeting of creditors, the debtor's name and address, the name of the creditor, and the reason for the dismissal. There are two types of Hawaii Motion To Dismiss Case For Non-Appearance At Meeting of Creditors Notice of Hearing: voluntary dismissal and involuntary dismissal. In a voluntary dismissal, the debtor voluntarily withdraws their petition and the case is dismissed. In an involuntary dismissal, the court dismisses the case due to the debtor’s failure to appear at the meeting of creditors.

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FAQ

If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.

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.

The amount of time you need to wait to apply for a conventional loan after a Chapter 13 bankruptcy depends on how a court chooses to handle your bankruptcy. If the court dismisses your bankruptcy, you must wait at least 4 years from your dismissal date before you can apply.

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.

A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.

As a result, most Chapter 13 plans do not have to provide for the repayment of unsecured debts. The only instance when Chapter 13 plans must provide for payment of unsecured debts is when an unsecured creditor objects to the plan. If this happens, the debtor must pass a ?disposable income? test.

More info

MOTION TO DISMISS CASE FOR NON-APPEARANCE AT MEETING OF CREDITORS; NOTICE OF HEARING. The court will dismiss cases under section 521(e)(2)(B), only upon motion and after a hearing on notice to the debtor.Section 707(a) states that the bankruptcy court "may dismiss a case under this chapter only after notice and a hearing and only for cause. Notice of Temporary Hearings in Cases Not Involving Financial Matters. 48. A civil or criminal action, suit or litigation. Often used interchangeably with "case. Dismiss the case of Larry and Robin Galloway for failure to make plan payments. Misbehavior trying to dismiss the Debtors' bankruptcy case. Abbreviated, but complete history of a case as found in the record. Your case might be dismissed if you do not appear for trial.

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Hawaii Motion To Dismiss Case For Non-Appearance At Meeting of Creditors Notice of Hearing