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Bankruptcy Law/Chapter 13 - dismissal/can't make plan payments

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Expert: - 10/25/2009


Question
My husband filed for chapter 13 in California almost a year ago. He is on a 100% plan to pay 1 very aggressive creditor.  Our attorney said if for some reason we can't continue to make plan payments the case would automatically be converted to a chapter 7.  Doesn't he have the option to voluntarily dismiss? And, if he does how soon before the creditor could foreclose on our property? How would the dismissal affect his chances of getting a loan?  Thank you for your time.

Answer
If the case hasn't been previously converted from another chapter, he should be able to voluntarily dismiss the case at any time (there are exceptions to this in some cases, but they vary by jurisdiction and are beyond the scope of this forum to fully analyze).

As for your other questions, it depends on where they were in the foreclosure process prior to the case being filed and other factors.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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