The court may dismiss a case under Subchapter V of Chapter 11, Chapter 12, or Chapter 13, on account of a payment default if: a) the trustee filed and provided the debtor a notice stating the amount of the default, the due date of the next scheduled payment, and a warning the case will be subject to dismissal if the default is not cured within 21 days; b) the trustee filed an affidavit stating the debtor did not timely cure the default or make other acceptable arrangements; and c) the debtor did not file an objection disputing the existence of a default, for which the debtor has the burden of proof. The filing of an amended plan is not an objection and will not, alone, preclude dismissal. Requests for additional time to cure must be made directly to the trustee.
Chapter:
Part III. Claims, Distribution, and Plans
