Vancleave, MS asked in Bankruptcy for Florida

Q: In the Florida Middle District Bankruptcy Court....

Is there a limit on the number of times the court will allow the debtor to become several months behind on his scheduled payments? I am a creditor on my ex husbands chapter 13 and the trustee has now entered her third request for dismissal ( he's three payments behind and will be four as of tomorrow). This time, the trustee is filing based on 11 U.S.C. 1307 (c)(1) as a willful failure of the Debtor to abide by Orders of the Court and as an unreasonable delay that is prejudicial to creditors. In this as a Pro Se Creditor at this point and there is a hearing scheduled for my request for his dismissal based on bad faith (Proof of forgery and Proof of filing to delay contempt proceedings in Mississippi State Court) and have deadlines to meet, which is going to be a lot of work for me so I was hoping to find out what sort of chances we're looking at here for this dismissal from the request of the trustee.

Thank you in advance for any information you can provide for me.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: It is all within the sound discretion of the court, but it sounds like he has about run out of chances. Be patient and he will ultimately get what’s coming to him.

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