What happens when a Chapter 11 bankruptcy filing is dismissed?

When a Chapter 11 bankruptcy filing is dismissed in West Virginia, the debtor must return to their pre-filing status. This means that any debts that had not been included in the prior bankruptcy filing would again become legally enforceable. The debtor would also be liable to pay any outstanding debts that were included in the prior filing. Furthermore, the debtor would no longer have the protection of the bankruptcy court and creditors would once again be able to pursue the debtor for payment of the debt. If the debtor had previously used assets to collateralize any loans, the lender would typically be able to reclaim the collateral once the bankruptcy filing was dismissed. This could result in the debtor losing a home or other valuable assets, depending on the terms of the loan agreement. If a Chapter 11 bankruptcy filing is dismissed, the debtor will no longer be able to reorganize their debt or reduce their payments and they will be subject to the repayment terms that were set by the creditors before the filing. Additionally, the debtor will no longer be able to access any new credit or take out a loan until after they have repaid all of their prior debts. Finally, it is important to note that if a Chapter 11 bankruptcy filing is dismissed, the debtor may be deemed ineligible for Chapter 11 protection for a period of time, depending on the circumstances. This means that if the debtor wishes to attempt Chapter 11 protection again, they may need to wait a certain amount of time before they can do so.

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