A Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case is a document filed in the Bankruptcy Court seeking to end a Chapter 13 bankruptcy case. This motion can be filed either by the debtor or the trustee. The motion is generally filed when the debtor has failed to comply with their Chapter 13 plan or when the debtor can no longer meet the terms of the plan. There are two types of Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case: voluntary and involuntary. A voluntary motion to dismiss is filed by the debtor, while an involuntary motion to dismiss is filed by the trustee or creditors. In either case, the court must approve the motion to dismiss before the case can be terminated. If the court grants the motion, the debtor's Chapter 13 case will be dismissed and their debts will remain intact.
Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case
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FAQ
The court may also dismiss or convert the debtor's case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case.
The primary purpose of a Chapter 11 bankruptcy is to give business entities and individuals with large amounts of debt time to reorganize their financial affairs. Chapter 11 reorganizations may be voluntary, filed by the debtor, or involuntary, filed by creditors of a potential debtor.
A) Voluntary Dismissal ? A debtor can file a motion to voluntarily dismiss the bankruptcy case, but the court may or may not approve the dismissal depending upon the chapter number of the bankruptcy case and the prior history of the debtor in bankruptcy.
This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time.
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.
Voluntary Dismissal. The right for the debtor to dismiss his own case is not absolute under Chapter 7 and 11, or under a chapter converted from 7 or 11, unless the debtor can show cause. This requirement to show cause is to dissuade debtors from using the bankruptcy process for other than what it was intended for.