A New Jersey Order On Motion Application to Dismiss Convert Chapter 13 Case is a legal document that is used to dismiss a Chapter 13 bankruptcy case. It is an application filed by a debtor or creditor to convert a Chapter 13 bankruptcy case to a Chapter 7 bankruptcy case in the state of New Jersey. This application is typically filed when the debtor has failed to make payments or is unable to meet the repayment requirements for a Chapter 13 bankruptcy. There are two different types of New Jersey Order On Motion Applications to Dismiss Convert Chapter 13 Case. The first is an Order to Dismiss Without Prejudice, which allows the debtor to submit a new Chapter 13 petition or convert their current case to a Chapter 7. The second is an Order to Dismiss With Prejudice, which permanently closes the case and prohibits the debtor from filing a new Chapter 13 bankruptcy petition. The Order On Motion Application to Dismiss Convert Chapter 13 Case must include detailed information about the debtor's financial situation, including income, assets, and debts. Once the Order is submitted, the court will review it and make a decision on whether to grant or deny the application. If it is granted, the Chapter 13 case will be dismissed and the debtor will have to file a new Chapter 7 petition.
New Jersey Order On Motion Application to Dismiss Convert Chapter 13 Case
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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.
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.
Unless you have already received a Chapter 7 bankruptcy discharge within the last eight years, you can convert your Chapter 13 case to Chapter 7 at any time. To convert your Chapter 13 to a Chapter 7, you simply file a Notice of Conversion with the court and pay a conversion fee.
In most instances, debtors can request a voluntary dismissal of Chapter 13 cases because a reorganization is voluntary. The courts do not force debtors to reorganize their debts through a bankruptcy plan. However, you need to consider the consequences of your decision to dismiss a Chapter 13 bankruptcy case.
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.
Chapter 13 bankruptcy typically takes three to five years. During that time, you'll be on a repayment plan to repay some or a portion of your debts. There are a few factors that will determine how long your Chapter 13 repayment plan will last, including your income.
If you have a dismissed Chapter 13 case, you might be able to re-file under Chapter 7 as long as you're under the income limits. You'll also want to make sure that available bankruptcy exemptions protect all of your property since that's not typically an issue in Chapter 13.
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.