A Mississippi Order Dismissing Chapter 13 Case on Motion of Debtor(s) is a legal document issued by a court in the state of Mississippi upon the request of a debtor who wishes to dismiss their Chapter 13 Bankruptcy case. The order is issued by the judge presiding over the case and provides a formal dismissal of the case. It also dictates the details of the dismissal process, such as the date of dismissal and any applicable fees. The order is typically issued when the debtor no longer wishes to pursue a Chapter 13 repayment plan or if they are unable to meet the repayment requirements. There are two types of Mississippi Order Dismissing Chapter 13 Case on Motion of Debtor(s): voluntary and involuntary. A voluntary dismissal occurs when the debtor requests the dismissal of their case. An involuntary dismissal occurs when the court decides to dismiss the case due to a lack of payment or other reasons. In either situation, the Mississippi Order Dismissing Chapter 13 Case on Motion of Debtor(s) must be issued in order to complete the dismissal process.
Mississippi Order Dismissing Chapter 13 Case on Motion of Debtor(s)
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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.
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.
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.
If you had a Chapter 13 filing that ended with a discharge and you need to refile Chapter 13 again, you cannot file any sooner than two years from when your previous case was filed.
Closing of a Bankruptcy Case ? Closing means that all activity in the main bankruptcy case is completed. This means that all motions have already been ruled upon, and if a trustee was appointed, the trustee has filed a statement that all trustee duties have been completed. See related FAQs below.
After receiving all required payments under the plan (including any tax refunds owed) and completing an audit to determine that all amounts owed were received, the Chapter 13 Trustee will file a Certificate of Final Payment with the Bankruptcy Court.
Final Step: Final Decree (Case Closed) and Freedom! About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.
Here are additional ways to approach a Chapter 13 motion to dismiss. Modify Your Plan. If you can't afford your Chapter 13 payment because of a change in circumstances, you should contact your attorney.Ask for a Hardship Discharge.Convert Your Case to Chapter 7 Bankruptcy.Let the Court Dismiss Your Case.Refile Your Case.