Starkville, MS asked in Bankruptcy for Mississippi

Q: I filed chapter 13.My hearing is in 3 weeks. Thing is I don't want to pay 5 yrs....can I change my mind.what will happen

Related Topics:
3 Lawyer Answers
Randall R. Saxton
Randall R. Saxton
Answered
  • Bankruptcy Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: Section 1307(b) states that on request of the debtor at any time… the court shall dismiss a case under this chapter.

David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL

A: If you don't pay out the whole plan....5 years or fewer as the case may be...you won't be discharged. If you qualify in the means test you can do a 7 and its over in about six months.

Some firms push the Chapter 13 because it yields more revenue for them and assures their payment over time when you cannot pay the fees and costs out front.

If you haven't seen a good bankruptcy lawyer, then go see one.

d

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You can convert to a chapter 7 or move to dismiss entirely.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.