How to Reinstate a Dismissed Bankruptcy
- 1). Pull your order of dismissal and see why your bankruptcy case has been dismissed. Personal bankruptcies under Chapter 13 are more likely to be dismissed than Chapter 7. Chapter 13 plans last three to five years, and if payments lapse, the case can be dismissed for non-payment. Log in to www.13network.com to see if your case has been dismissed for non-payment. Your case may also have been dismissed because it has "expired" over the 60-month-plan term limit (five years). Count from your date of confirmation to see if your plan has expired.
- 2). Visit your bankruptcy attorney to create a motion to reinstate. An experienced bankruptcy attorney can help you file a motion to reinstate your dismissed bankruptcy case. The motion must include the reason the case was dismissed, why it failed and what will happen if the case is reinstated. Your assigned trustee will review this motion and make a recommendation to a bankruptcy judge, who will make the final decision. There is usually a hearing at which you should be present to state your case to the bankruptcy judge.
- 3). File a plan modification with the bankruptcy court. Because your case failed to complete successfully, you must modify your plan to make it work. This may mean extending the plan term to pay creditors if your plan was confirmed for a shorter time period than five years, or changing your monthly plan payments if you were unable to make the payment amount. This plan modification will need to be approved by the trustee, all of your creditors and the bankruptcy court judge. Once the new plan has been activated, you must comply with the terms of the plan or risk having your case dismissed again.
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