this ch. 13 bankruptcy was dismissed because the debter could not keep up with the month payments. what happens to the debtor now?
Yep, Whuff hit that one square on the head. Unfortunately, the law allows the creditors to resume collection efforts and the bankruptcy stay protection to be lifted. You will not be entitled to any refunds of any Trustee payments, and the creditor may or may not reflect any payments received from the Trustee towards the debt.
The good news is, you may be able to refile the Chapter 13 Bankruptcy. Find a good attorney (I cannot stress this enough), and request that if they refile- mention the words "Motion to Extend the Automatic Stay"- which basically means that they will file a document with the Court requesting that they do not allow any creditor to take any personal property that you may be defaulted (owe money to) on. This specifically refers to your house or vehicle (saying that you are behind on these items). If you choose to refile (saying that you are currently unable to pay your debts) do not wait long to refile, as it may jeopardize your ability to successfully protect yourself and your income/property.
Best of Luck. BKP
