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  1. #1
    Join Date
    Jan 2011
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    2

    Default Can a Bankruptcy Dismissal Be Reversed

    My question involves bankruptcy in the state of: Illinois
    I was in a amend payment plan to catch up on my bankrupcty my payment did not reach the trustee in time,and on friday he sent out a dismissal notice on my bankruptcy he has since received all payment and i am current on of my payments all that is due right now is just my feburary payment that will be due on the 15 of feb. What i want to know is can the dismissal be withdrawn since my case is now current or does my attorney have to ask that the dismissal be reverse.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    73,216

    Default Re: Can a Bankruptcy Dismissal Be Reversed

    We can't read the notice from here. What did it say?

    When you spoke with the trustee and confirmed that he had received your payment, what did he say about the status of your case?

  3. #3
    Join Date
    Sep 2010
    Posts
    342

    Default Re: Can a Bankruptcy Dismissal Be Reversed

    This depends upon the status of the Order to Dismiss:

    1. If it has not been signed by the Judge your attorney can request that your Trustee withdraw its submission.
    2. It if has been signed by the Judge and depending upon procedure in your district, your attorney can either:
    a. File a Motion to Reinstate and submit an Order Reinstating to the Trustee for his approval before the Order is submitted to the Court OR
    b. File a Stipulated Motion to Reinstate (stipulated between you and the Trustee) and upload an Order approving the Stipulated Motion to Reinstate to be signed by the Judge.

    Contact your attorney immediately as, until the case is reinstated, creditors can collect, which includes (if applicable in your case) repossess vehicles and complete foreclosures of property.

    Des.

  4. #4
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Can a Bankruptcy Dismissal Be Reversed

    I spoke to my attorney office today, and was told that the judge had signed the papers for my bankruptcy case to be dismissed. According to the trustee records they still have not received my payments (they have not been posted to the account yet). My attorney is filing a motion to have the bankruptucy reinstated but she told me that it can take up to twenty one days becasue the trustee can object. My question is does anyone know if the judge will not reinstate the bankruptcy if all payments are made and then while i am wating for my bankruptcy to be reinstated can i file a motion of stay so that my car can not be repossesed

  5. #5
    Join Date
    Sep 2010
    Posts
    342

    Default Re: Can a Bankruptcy Dismissal Be Reversed

    Quote Quoting Letitia1972
    View Post
    My attorney is filing a motion to have the bankruptucy reinstated but she told me that it can take up to twenty one days becasue the trustee can object. My question is does anyone know if the judge will not reinstate the bankruptcy if all payments are made and then while i am wating for my bankruptcy to be reinstated can i file a motion of stay so that my car can not be repossesed
    I cannot second guess your attorney as I do not know what jurisdiction you are in therefore I do not know the normal procedure your jurisdiction follows but, "21 days" is garbage in mine.

    It was your Trustee who asked the Court to dismiss the case. If your Trustee agrees that it can be reinstated since you corrected the reason for a dismissal, it does not take 21 days to get a judge to sign an EMERGENCY Motion to Reinstate. I can get this done within 48 hours in my jurisdiction. Tell your attorney that if the case is not reinstated immediately you will lose the vehicle and therefore will not be able to fulfill the obligations under the Plan as you will have no way to get to work. Push your attorney to "get the job done".

    By the way, the 21 days is for noticing purposes to all creditors. Creditors would have 21 days to file responses to the Motion. In my jurisdiction and dealing with my cases I have never, ever sent such a Motion to all creditors and then had to wait the objection period. I simply get the Trustee to sign off and file it and the Order approving the Motion with the Court. The next day I make a phone call to the Judge’s Chambers to see if the Judge has signed the Order. Not a big deal.

    Oh, one last thing. . . you said that you had made the payment(s) but they have not posted. Did you keep your receipts? While it could take a week to post a payment (which is a darn sight less than 21 days) a Trustee should agree to the reinstatement if you can prove you tendered the payments.

    Best of luck.

    Des.

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