This blog will focus on common motions and possible resolutions during your Chapter 13 case.
Motions are common during Chapter 13 cases. A motion is a party requesting a specific order during the Chapter 13.
Commons Motions are: Motions to Dismiss and Motions for Relief.
Typically, a Motion to Dismiss is filed by the trustee in your case, commonly for failure to pay, failure to turn over money, property, or documents. A Motion for Relief, is commonly filed by a creditor who wants to take their claim out of the protection of the automatic stay during bankruptcy. A typical example, is if you were to fall behind on your mortgage or vehicle payment after the bankruptcy is filed. The creditor will file a Motion for Relief to give them the option to proceed with remedy on the missed payments- for example, foreclosure or repossession.
Common Motion resolutions: Cure Order, Modification, or Completing the Request.
One of the easiest ways to resolve a Motion to Dismiss or Motion for Relief, is completing the request. This could be turning over requested information, catching up missed payments or further providing for the reason the motion was filed.
If you are behind on payments under the bankruptcy plan or to a secured creditor, you may be able to file a cure order. This is an order filed with the Court that lays out specific terms to catch up payments. Typically, it would be a six month arrangement with specific language if you were to default on payments again.
Otherwise, you could speak with your attorney if you would be able to modify your bankruptcy plan to resolve the motion.
Although you may go through your entire Chapter 13 without any motions, if you receive one please reach out to your attorney, right away.
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