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

Experience
Visit 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
business bankruptcy,
chapter 7 bankruptcy,
chapter 11 bankruptcy,
chapter 13 bankruptcy,
Frequently Asked Bankruptcy Questions

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

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

You are here: Experts > Business > Corporate Law > Bankruptcy Law > Chapter 13 - dismissal/can't make plan payments

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

Expert: Mark J. Markus- California Bankruptcy Attorney - 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.

http://www.bklaw.com/

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