"Bankruptcy Dismissal Vs Discharge" Discussion

Upsolve Community Member
Hi Eric! Hopefully, this article on https://upsolve.org/learn/how-to-file-chapter-13-bankruptcy/ will answer your questions! Good luck ahead! :-) 

Upsolve Community Member
Mark, I’ve already filed. Do you have any ideas about my questions? 

Upsolve Community Member
Upsolve is a free service for low-income families wishing to file Chapter 7 without an attorney. I can't answer your questions but I can point you to info: https://upsolve.org/learn/what-happens-when-a-chapter-13-case-is-dismissed/ 

Upsolve Community Member
Did your Chapter 13 payment agreement https://upsolve.org/learn/chapter-13-cramdown/ the value of your car? Depending on circumstances and the lender, a loan has the potential to revert to a pre-filing state. (Were you at risk of repossession before filing?) Regarding your credit report, the article https://upsolve.org/learn/discharge-vs-dismissal/ discusses bankruptcy dismissals and credit reporting. 

Upsolve Community Member
One thing that catches many by surprise is that your car loan payment is likely "late" because the Chapter 13 trustee pays according to their schedule, not the monthly due dates on the creditor's statement.

Upsolve Community Member
Hi Donna, are you talking about doing this by the end of January? Here is an article from the Upsolve Learning Center: https://upsolve.org/learn/what-is-a-chapter-13-bankruptcy/ of course you know what it is but I am attaching this because it addresses some options you have. 

Upsolve Community Member
The Upsolve Learning Center also has an article on https://upsolve.org/learn/when-surrender-car/ Again, I realize you are Chapter 13 but between these two articles and doing some additional research, perhaps you can get the details on what you need to do. :-)

Upsolve Community Member
Hi Mark, yes I plan to cancel my Chapter Bankruptcy case because 1. I am unable to keep up with monthly payment due to being unemployed and 2. my car’s engine needs replacing and I cannot afford a replacement engine (extended warranty has expired). I just wanted to know can I surrender my vehicle before my Chapter 13 bankruptcy case is dismissed?  Thank you for responding to my post!

Upsolve Community Member
You can surrender your vehicle any time you like - and chances are once the case is dismissed they'll just send someone to come and repossess it but keep in mind that the primary benefit of surrendering a car in bankruptcy is the bankruptcy discharge. Without it, the bank can still seek to collect the balance remaining on the car loan. 

Upsolve Community Member
Donna, Andrea knows this stuff inside and out. Go with it! :-)

Upsolve Community Member
Thank you Mark and Andrea!  Will surrender vehicle immediately and have bankruptcy case dismissed at the end of the month.  When I become employed I will file for Chapter 7 on my own and utilize Upsolve process for that!  Again, thank you for ALL that you do!

Upsolve Community Member
Hi Ania! This article from the Upsolve Learning Center answers your questions: https://upsolve.org/learn/how-much-does-bankruptcy-cost/ You will find what you are looking for under the infographic. Good luck!!! 

Upsolve Community Member
Ania- thanks so much for asking this. I'm sorry to hear that the fee wavier was denied. The court will tell you the schedule for payment on the fee waiver- it's important to follow the schedule they set out or the case may be dismissed

Upsolve Community Member
You might find more helpful information here, too https://upsolve.org/learn/fee-waiver-application/ 

Upsolve Community Member
Hi Rhonda! Here are the https://www.uscourts.gov/services-forms/fees/bankruptcy-court-miscellaneous-fee-schedule Any waiver is between you and the Court. Good luck! :-)

Upsolve Community Member
Your best bet for finding out whether you can get the reopening fee waived is probably the court clerk. It may depend on why your case was closed / dismissed in the first place. 

Upsolve Community Member
If you plan on filing a new case, no fee to reopen the old one is needed. then it's just the normal process of either paying the regular court filing fee or asking for a waiver (if eligible). 

Upsolve Community Member
Filing taxes isn't something that Upsolve helps with directly, but ask any questions you have and we may be able to point you in the right direction! 

Upsolve Community Member
What Clair says is GOLD. For example, I can help with Student Loans as an educator. Nobody here can advise you as Upsolve is a DIY (Do it yourself) service. 

Upsolve Community Member
It's tough to get federal student loans dismissed in bankruptcy, but certain types of tax debt can be discharged in bankruptcy if it's at least three years old. The article https://upsolve.org/learn/irs-debt-and-bankruptcy/ has more information on IRS debt and bankruptcy. The article https://upsolve.org/learn/bankruptcy-eliminate-student-debt/ has information on the "undue hardship" requirement to get student loans dismissed through bankruptcy.