109–8, § 102(a)(1), substituted “Dismissal of a case or conversion to a case under chapter 11 or 13” for “Dismissal” in section catchline. (i) designation before “if the debtor”, redesignated former cls. 110–438 substituted “testing-” for “testing,” in introductory provisions, inserted cl. 111–327, § 2(a)(25)(B)(ii), substituted “paragraph (2)(A)(i)” for “subparagraph (A)(i) of such paragraph” in introductory provisions.Ģ008-Subsec. 111–320 substituted “section 302 of the Family Violence Prevention and Services Act” for “section 309 of the Family Violence Prevention and Services Act”. 113–295 inserted at end “Such monthly expenses may include, if applicable, contributions to an account of a qualified ABLE program to the extent such contributions are not excess contributions (as described in section 4973(h) of the Internal Revenue Code of 1986) and if the designated beneficiary of such account is a child, stepchild, grandchild, or stepgrandchild of the debtor.”Ģ010-Subsec. In addition, if it is demonstrated that it is reasonable and necessary, the debtor’s monthly expenses may also include an additional allowance for food and clothing of up to 5 percent of the food and clothing categories as specified by the National Standards issued by the Internal Revenue Service.Ģ014-Subsec. The expenses included in the debtor’s monthly expenses described in the preceding sentence shall be kept confidential by the court. In addition, the debtor’s monthly expenses shall include the debtor’s reasonably necessary expenses incurred to maintain the safety of the debtor and the family of the debtor from family violence as identified under section 302 of the Family Violence Prevention and Services Act, or other applicable Federal law. Notwithstanding any other provision of this clause, the monthly expenses of the debtor shall not include any payments for debts. Such expenses shall include reasonably necessary health insurance, disability insurance, and health savings account expenses for the debtor, the spouse of the debtor, or the dependents of the debtor. Se habla Español.The debtor’s monthly expenses shall be the debtor’s applicable monthly expense amounts specified under the National Standards and Local Standards, and the debtor’s actual monthly expenses for the categories specified as Other Necessary Expenses issued by the Internal Revenue Service for the area in which the debtor resides, as in effect on the date of the order for relief, for the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case, if the spouse is not otherwise a dependent. Consulting your experienced bankruptcy attorney is the best starting point for a solution regardless of the situation. Dismissal of a bankruptcy is a serious matter no wonder what precipitated it. Obviously, these are highly complicated events and maneuvers. For Legal Advice, Call a Chicago Bankruptcy Lawyer at (312) 957-8077 Finally, and this isn't the best solution, the debtor can allow their case to be dismissed as a last resort and refile their Chapter 13 bankruptcy after a sufficient amount of time has passed. This involves spreading out the default through the rest of the plan and as a result raising the trustee payment. Second, the debtor's attorney can file a motion to modify the plan and defer the default, if that is possible. This money can be sent off like a regular trustee payment, or, if there is little time until the motion is scheduled to be heard, can be tendered by the debtor's attorney in open court to the trustee or their representative. This involves determining how much is delinquent that led to the motion to dismiss in the first place. With the motion to dismiss for failure to make plan payments, there are a couple options. In the event that you receive one of these motions to dismiss, consult your bankruptcy attorney right away. Sometimes these motions can also be for failure to turnover certain documents (like tax returns) or complete certain requirements of the case. Most of the time they are for a failure to make the plan payment to the trustee for enough times to trigger the motion. Motions to dismiss the case can be an alarming event in a debtor's case. This includes filing certain motions to dismiss the case if required under the Bankruptcy Code. In Chapter 13, however, the trustee works on the case for three to five years and has a much more detailed hand in how the case will play out. In Chapter 7 cases, this is usually a short period of time, unless the case is determined at the 341 hearing to have assets that can be distributed to creditors. When someone files for bankruptcy, their case is assigned to an interim trustee who handles the administering of the case from the onset to discharge.
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