Legal Question in Bankruptcy in Texas

Dismissal of Chap 13

I filed for chap 13 last year in july. My live in partners income was included and the payment is being automatically taken from his pay. I was not employed at the time, I am still unemployed. We are no longer together. He has told his HR dept to no longer honor that auto debit from his pay. Now will the chap 13 be dismissed? And will there be any repurcussions for him or me? He is not on the chap 13 it is only in my name. Lawyer will not return my phone calls.


Asked on 12/01/08, 7:56 pm

1 Answer from Attorneys
Andrew Nichols Law Office of Andrew B. Nichols

Re: Dismissal of Chap 13

Yes, the Chapter 13 case will eventually be dismissed for failure to make plan payments. You have a couple of options. You can request that your attorney file a motion to convert your case to a chapter 7 case. Or, you can wait for the case to be dismissed and file a new chapter 7 case. It might be easier to wait and file a new case without any of the baggage from your partner being included in the info provided in the new case. There are always many factors to be considered as to when or if you should re-file. I would be happy to discuss your situation in more detail. Please feel free to email or phone.

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Answered on 12/02/08, 10:51 am


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