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Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case

Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case

Name: Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.69 (246 reviews)

Category:

Mississippi Bankruptcy - Official - Northern District

State:

Mississippi

Control #:

MS-SKU-0040

Format:

Instant download

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Description

Debtor(s)' Motion to Dismiss Chapter 13 Case 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.

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.

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FAQ

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.

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.

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.

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.

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.

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.

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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.1.18.DEBTOR.MOTION. 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. 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. However, the Debtor argues that he filed this second bankruptcy petition in good faith, and that therefore his Chapter 13 Case should not be dismissed. Dismissal will be with prejudice to the debtor filing any bankruptcy case for a period of 180 days from the entry of the order of dismissal. Before any settlement can be finalized, the Debtor must file a motion to approve compromise under Bankr. If you do not want to proceed with Chapter 13 bankruptcy, you can ask the court to dismiss the case. The court chooses whether to dismiss your Chapter 13 bankruptcy with or without prejudice.

Mississippi Debtor(s)' Motion to Dismiss Chapter 13 Case

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