Can a trustee file a motion to dismiss?

Can a trustee file a motion to dismiss?

Fortunately, you have the chance to respond when the trustee files a motion to dismiss your case. How you respond, however, depends on your situation and which option you and your attorney feel is best.

What to do if a trustee wants to dismiss a chapter 13 case?

If your trustee wants to dismiss your case, you may choose to do nothing and let the dismissal happen. If the court dismisses your case without prejudice, you may file a new Chapter 13 case or file a Chapter 7 case. If you feel the trustee is acting unfairly, you can explain why to the judge and see what she decides.

What should be included in a motion to dismiss?

If the court grants the motion, the plaintiff cannot be granted relief on the matter. A Motion to Dismiss is prepared through a Motion to Dismiss form. The Motion to Dismiss form is contains the information about the case and the reason that the defendant is asking for the case at hand to be dismissed.

When to file a motion to dismiss without prejudice?

The dismissal of a case without prejudice sometimes occurs when the plaintiff has either filed the case in the wrong court, has come to the court unprepared due to no fault of his own, or there is some other issue that needs to be taken care of before the case can be heard.

The trustee keeps a record of all payments you make during your bankruptcy. If you fail to make your plan payments, the trustee will file a motion with the court to dismiss your case. When the trustee files the motion to dismiss, you will have a chance to review and oppose it.

What happens if I oppose a motion to dismiss?

When the trustee files the motion to dismiss, you will have a chance to review and oppose it. If you don’t oppose the trustee’s motion, the court will dismiss your bankruptcy without a discharge of your debts. But if you just had a temporary setback and want to continue with your bankruptcy, you can oppose the trustee’s motion.

What happens if you ask the court to dismiss your case?

But, just because you ask for a voluntary dismissal, or another party asks for an involuntary dismissal, doesn’t mean that the court will grant the request and close the case.

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