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In order to appeal a Chapter 13 bankruptcy dismissal, you have to file a notice of appeal within 14 days after the court dismisses your case. If you need more time, you can file a motion with the court to request an extension.
A bankruptcy dismissal closes your bankruptcy case, and if it occurs before you receive a discharge, it will mean that: you've lost the protection of the automatic stay (the order that prohibits creditors from collecting debts), and. you'll continue to be liable for your debts.
Because a chapter 7 discharge is subject to many exceptions, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases.
Generally, a debtor can only withdraw their Chapter 7 bankruptcy if they have a valid reason and the circumstances rise to a level deemed to be good cause. Additionally, the debtor must show the Court that creditors will not be prejudiced by the dismissal of the case and that the dismissal is in the debtor's own best
A bankruptcy dismissal closes your bankruptcy case, and if it occurs before you receive a discharge, it will mean that: you've lost the protection of the automatic stay (the order that prohibits creditors from collecting debts), and. you'll continue to be liable for your debts.
There are only a handful of reasons a chapter 7 bankruptcy will be dismissed by the court. However, what it usually boils down to is that the client didn't go to the hearing, finish the financial management course, or didn't tell the attorney about a valuable asset or stream of income..
Once a bankruptcy case is dismissed, the automatic stay is no longer in effect. That means creditors can take all collection action allowed by law. Collection activities may include collection letters, debt collection lawsuits, wage garnishments, repossessions, and foreclosures.
When a bankruptcy is dismissed the automatic stay stops. This means you are no longer protected from collection activity and your creditors can go after you for payments. Your mortgage, car or any other secured loans could be seized. A dismissed bankruptcy will be reported to your credit reports in most situations.
In most cases, you can only dismiss your Chapter 7 bankruptcy for cause (meaning that you must have a good reason). If you don't have any nonexempt property that the trustee can liquidate and you have a valid reason for requesting dismissal, many bankruptcy courts will allow you to voluntarily dismiss your case.