How to Stop Dismissal of Chapter 13
- 1). Evaluate the amount of time that has passed since the court ordered the dismissal. You have a limited amount of time to contest the ruling. This time period varies by district.
- 2). Find out why the bankruptcy was dismissed. You may have neglected to pay a fee or file paperwork necessary to your case.
- 3). Remedy the problem. Your bankruptcy was dismissed for a reason. If you forgot to make a payment, pay it. If important court documents are missing your signature, sign them. It is vital that you rectify the issue that initiated the dismissal before requesting that it be overturned.
- 4). File a Motion to Reconsider with the county clerk's office. Submit paperwork with your motion explaining the actions you have taken to resolve the issue that resulted in the bankruptcy dismissal.
- 5). Wait for the judge in your bankruptcy case to either approve or deny your Motion to Reconsider. You should receive notification of his decision by mail.
- 6). File an appeal of the judge's ruling if your Motion to Reconsider is denied. Your case will then be heard by the Bankruptcy Appellate Panel or a U.S. District Court judge.
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