What Should I Do If I Received a Motion To Dismiss My Chapter 13 Bankruptcy?
Receiving a motion to dismiss during a bankruptcy is a situation that can be frightening or cause anxiety. A motion to dismiss, often abbreviated MTD, could lead to your bankruptcy being dismissed before the discharge takes place. This is not an outcome you want to see. You may wonder if you can avoid dismissal when you receive a notice of a dismissal motion. What steps must you take to prevent dismissal? This type of motion is usually filed by the Trustee’s Office in response to a situation that they believe fundamentally affects the case and its ability to progress towards discharge. They can be filed both in Chapter 7 and Chapter 13 bankruptcy, but they are more common in Chapter 13. The trustee may file a motion for various reasons. In a Chapter 13 bankruptcy, the most common reason for a motion to dismiss is that the scheduled plan payment has fallen behind schedule or that a document necessary to the trustee’s case has not been submitted. In contrast, a Chapter 7 bankruptcy may be dismissed because non-exempt assets of the bankruptcy estate were not turned over within the required timeframe.
Regardless the reason for the filing of a motion to discharge, the issue at hand can usually be resolved without dismissal as long as it is addressed. If a motion was filed for non-payment of a debt, catching up with the payments or filing an order to cure the debt will usually resolve the issue. A motion to dismiss due to failure to turn over non exempt property is usually addressed by providing the property. Your attorney will be an invaluable resource to ensure that the motion is addressed efficiently and completely in either case. Call now for a free strategy session with a MN bankruptcy lawyer at LIFEBACK LAW FIRMS
When contemplating bankruptcy, it’s only natural to wonder how the process will unfold and what obstacles will arise. Our attorneys are highly skilled at identifying, explaining, and addressing such hurdles. They would be happy to meet with your to outline the roadmap for success that many of our satisfied clients have navigated. So, when the time is right, or when you are ready, please don’t hesitate to reach out to Minnesota’s most kind and helpful bankruptcy law firm by going now to
www.lifebacklaw.com
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