A New Mexico Order on Debtor's Motion to Dismiss Chapter 13 Case is an order issued by a court to allow a debtor to dismiss their Chapter 13 bankruptcy case. This allows the debtor to avoid having to pay back all of their creditors through a Chapter 13 repayment plan. Chapter 13 cases can be dismissed for a variety of reasons, including if the debtor has become unable to pay their creditors, if the creditors have not been paid in full, or if the debtor has successfully completed their repayment plan. There are two types of New Mexico Order on Debtor's Motion to Dismiss Chapter 13 Case: voluntary dismissal and involuntary dismissal. A voluntary dismissal is when the debtor requests to have their case dismissed, and an involuntary dismissal is when the court decides to dismiss the case without the debtor's request. In either case, the debtor must provide the court with the necessary paperwork in order to have the case dismissed. Once the court has heard the debtor's motion and issued a New Mexico Order on Debtor's Motion to Dismiss Chapter 13 Case, the debtor's bankruptcy case will be discharged and all of their debts will be erased. This order will also prevent creditors from seeking further collection actions against the debtor.
New Mexico Order on Debtor's Motion to Dismiss Chapter 13 Case
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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.
If a creditor objects to the chapter 13 plan, the bankruptcy judge will hold a hearing and make a ruling on how that creditor should be treated under the plan. All of the objections and debtor's requirements need to happen before the confirmation of the chapter 13 plan.
If a secured creditor fails to file proof of claim, then you will not make any payments toward what you owe on your house or car during your repayment plan. At the end of the bankruptcy process, to keep the collateral, you will still owe the full amount of these secured debts. Plus, you may owe interest and other fees.
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.
If a creditor objects to your repayment plan, you will have an opportunity to respond to the objection. If you are able to overcome the objection, then your repayment plan will be approved, and you can proceed with your bankruptcy case.
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.
Unlike chapter 7, creditors do not have standing to object to the discharge of a chapter 12 or chapter 13 debtor. Creditors can object to confirmation of the repayment plan, but cannot object to the discharge if the debtor has completed making plan payments.
Possible objections to Chapter 13 bankruptcy plans Lack of good faith ? Creditors are entitled to receive at least as much in a Chapter 13 as they would if the debtor had filed a Chapter 7 liquidation.Inaccurate listing of debt ? The plan must list the debtor's full amount of unsecured debt.