What happens when I fail to make a payment in a Chapter 11 bankruptcy?

When you fail to make a payment in a Chapter 11 bankruptcy in West Virginia, it is considered a default. A default occurs when the debtor fails to make a payment that was required under the terms of the bankruptcy plan. The bankruptcy court may then sanction the debtor for their failure, including fines, suspension of payments, or other punishments. If the debtor has missed a payment and the court has not yet determined a sanction, the court may give them notice of the missed payment and allow them a short period of time to make the payment. If the debtor fails to make the payment within this time period, the court may take action. This action could include dismissing the case altogether or converting it to a Chapter 7 bankruptcy. In some cases, the court may also impose a restructuring of the debt repayment terms. This could include an extension of the repayment period, a reduction in the debt principal, the sale of a debtor’s assets, or the creation of a new payment plan. The court may also ask creditors to reduce the amount of payments they expect from the debtor, although this is not always possible. Ultimately, when the debtor fails to make a payment in a Chapter 11 bankruptcy, the court may decide to take action against the debtor. Depending on the circumstances, this action could range from sanctions to dismissal. It’s important to keep up with payments in a Chapter 11 bankruptcy or risk serious consequences.

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