QUESTION
How do I get dismiss, vacate or expunge a chapter 13?
Asked on Apr 27th, 2016 on Bankruptcy - Colorado
4 ANSWERS
You can dismiss a Chapter 13 a couple of ways ? 1st, by filing an ex parte motion to dismiss or 2nd, by failing to make plan payments. To vacate or expunge a Chapter 13 would require proving that you did not authorize the filing of a chapter 13 and were the victim of an identify theft.
Answered on May 23rd, 2016 at 5:31 PM
That's a very confusing question. You can voluntarily dismiss your own Chapter 13.
Answered on May 23rd, 2016 at 5:30 PM
2 Awards
You may dismiss a 13 at any time by submitting a notice of dismissal so long as it has not been converted from another type filing to a 13 previously. Otherwise, you must file a motion.
Answered on May 23rd, 2016 at 5:30 PM
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Dismissing a chapter 13 is easy. You notify the Court that you wish the case dismissed. Be sure to include your name and the case number. In most federal districts that is enough for the Court to issue an order dismissing the case. (While the letter ought to work, you might want to format it the way court papers are usually formatted: with a caption identifying the Court, and your name, and the case number. And a title: Notice of Dismissal or Motion for Dismissal.
Answered on May 23rd, 2016 at 5:30 PM