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How Can a Chapter 13 Bankruptcy Be Reinstated?


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4/12/2012
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How Can a Chapter 13 Bankruptcy Be Reinstated?
In a Chapter 13 bankruptcy, a necessary portion of the petition is a Chapter 13 plan.  The plan is what determines how much a person pays every month to the Chapter 13 Trustee.  The plan includes any unsecured debt to be paid, taxes, car loans, back child support, arrears on a debtor's mortgage, mortgage payments to be paid through the plan (if debtor chooses to do this), student loans, and attorney fees, etc.  After factoring in all things that need to be paid through the plan, a monthly amount to be paid to the Trustee is assessed by the debtor's attorney.  The first plan payment is due 30 days after filing the bankruptcy and is due every month thereafter for a period of 36 to 60 months, depending on the plan.
The debtor is responsible for making the plan payment every month.  If the debtor falls behind on plan payments, the Trustee can file a Motion to Dismiss for failure to make plan payments.  The Trustee can also file a Motion to Dismiss for failing to produce necessary documents, pay filing fees, or appear at a 341 meeting. 
In order to be reinstated for failure to make plan payments, the debtor has 14 days to become current with the Trustee and file a Motion to Reinstate stating whether the case was dismissed and reinstated previously and declaring that the deficiency has been cured.  The Trustee can file a response, and the Court will submit an Order granting or denying the Motion.  (L.R. 1017-2)
If a case has been dismissed for failure to submit necessary documents, pay court costs, or attend the 341 meeting, the Court generally will not reinstate the case.  If filing a Motion to Reinstate, the Motion must contain information about when the missing documents were filed, the special circumstances why the debtor could not attend the 341 meeting, or when the filing fees were paid in full.  The debtor or debtor's attorney must file this Motion within 14 days.  (L.R. 1017-3)  For more information, please contact a St. Louis or St. Charles bankruptcy attorney.


Category: Bankruptcy


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