Apol Posted March 17, 2007 Report Share Posted March 17, 2007 Quick question...I filed Ch13 back in Oct 05 and have been paying on time every month, I moved states about seven months ago and missed one payment in December. I just recieved a letter in the mail today from the Trustee saying that I am in default and that the "Trustee prays that this Ch13 case be dismissed..." It always gives a hearing date of which I cannot attend because I dont live there anymore. What does this all mean?I think I might have three options, tell me your thoughts.1. Pay the missed payment2. Have it dismissed and deal with the creditors3. Have it dismissed and find file Chapter 7(not sure if I can)Please help, wife is freaking out.Thanks in advance. Link to comment Share on other sites More sharing options...
LadynRed Posted March 17, 2007 Report Share Posted March 17, 2007 Do NOT let the Trustee dismiss your case. You need to respond to the Trustee's motion for dismissal ASAP. If you can make up the missed payment, do it ASAP too. I would try calling the Trustee's office, but you need to respond in writing too. Call the court, explain that you no longer live in the state, you might be able to make your appearance by phone.If you allow it to dismiss, you will be right back in the soup with your creditors, and isn't that why you filed in the first place ? If you re-file, no matter what chapter, you will be classified as a serial filer and the automatic stay will either be significantly reduced, or non-existent ! If you can't make your payments, you have 2 choices other than dismissal - amend your plan so that you can make your payments, or move to convert to a Ch 7 (if you can qualify), but don't let it dimiss and then re-file for a 7. Link to comment Share on other sites More sharing options...
Apol Posted March 17, 2007 Author Report Share Posted March 17, 2007 Thank you very much for your quick response.If I send them the missed payment, all should be good, correct? Or will I still need to make the hearing or other arrangements. I can pay, thats not a problem. Secondly, my finances changed drastically in my move, when I first got here, I called my lawyer and asked to have my payments revised and they did not want to help me so I let it go. Can I convert from a 13 to a ch7 and would that be considered a serial filer? Link to comment Share on other sites More sharing options...
LadynRed Posted March 18, 2007 Report Share Posted March 18, 2007 I would contact the Trustee's office, don't just send in the payment. You need to address his motion to dismiss otherwise you could pay and still wind up with a dismissal !What do you mean your lawyer wouldn't help you ?? That's his JOB ! If you CONVERT to a Ch 7 it is not a serial filing, it's a conversion. However, you would still have to qualify for the Ch7 and the conversion can be denied. It all depends on how drastically your finances have changed. If amending yoru plan won't help you keep up with modifed payments, then convert. Link to comment Share on other sites More sharing options...
Apol Posted March 18, 2007 Author Report Share Posted March 18, 2007 Thank you so much for the advice Lady, I will contact my Trustee first thing tomorrow and see what they say about all of this. My lawyer, on the hand, is worthless. Ever since the 341 meeting, they have not wanted to help me with any questions. His secretary is impossible to talk to and I cant get passed her to discuss anything. All that money they get and no help after the fact, go figure. Once again, thank you for the help. I will post the outcome for those who are curious. Link to comment Share on other sites More sharing options...
rella5 Posted March 18, 2007 Report Share Posted March 18, 2007 when I filed CH 13, I got an introductory letter from my trustee with mailing instructions etc. and a very clear statement that if I ever had any trouble getting in touch with my lawyer or getting phone calls returned, than I should contact the trustee's office ASAP. Practicing in BK court (which is federal) is a special privilege not given lightly and they are held to high standards of behavior. The trustees do not tolerate BK attys. ignoring their clients .As ladyinred toldyou..call the trustees office imediately! Link to comment Share on other sites More sharing options...
momof5 Posted March 21, 2007 Report Share Posted March 21, 2007 Call the state bar as well to report your attorney.My first BK13 atty ignored motions that were being filed and I lost my house because of that....of course, I found a wonderful civil atty and sued the turkey. The settlement paid my atty, paid off my BK, and left me with over $10K in my pocket!ALSO, I got a new BK atty. Coming in after the 341 would make a new atty's bill lower.....something to consider. Link to comment Share on other sites More sharing options...
Apol Posted March 25, 2007 Author Report Share Posted March 25, 2007 Believe it or not, my attorney sent me info on my dismissal. I had already mailed the late payment so all is probably good, I think. Monday morning we are calling and asking about converting to a Chapt 7. I dont know if this is an option or not but I plan on asking the question. Link to comment Share on other sites More sharing options...
Recommended Posts