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Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

What would get you dismissed from bankruptcy?

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My spouse is in bankruptcy and I am currently unemployed & unable to find a job. I was recently sued and I thought that maybe my spouse could borrow from his profit sharing to settle the debt and pay him self back or with my potential job offers coming in I could pay what he borrowed to help settle my judgement case because I don't want it to grow with interest. My spouse flat out refused & said that while he is in bankruptcy the Trustee may decide any day to just dismiss his bankruptcy so he is saving his money in his profit sharing just in case he needs to use all ofit to save his house. I was hurt but I understand. Can a Trustee make a financial plan with you for X amount to be taken out of your check each week and then just say one day your dismissed? He has been in Bankruptcy for one full year and no I could not file with him. What would get you dismissed from bankruptcy?

Since your spouse is in chapter 13, he would have to get permission from the trustee to borrow money. Even thought it is your debt, the loan would be considered his debt and paying himself back would probably be deemed as preferential payment. Borrowing without informing the trustee could be cause for dismissal.

Sub: #1 posted on Fri, 05/20/2011 - 18:09

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Thank you so much for explaining that to me : ) My spouse did tell me that he would have to have permission but he thinks that that Trustee may be a bit wishy washy because he re-examined his account almost a year later, and although his income has not increased, the Trustee said that he was going to be dismissed because his plan has not been increased enough for the plan payments that he himself set up for my spouse! Bankruptcy is just as rough as dealing with collectors! I wonder if you get dismissed if the Trustee has to return all of your money?

Sub: #2 posted on Fri, 05/20/2011 - 19:17


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