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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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We had our chapter 13 bankruptcy dismissed on December 30,

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We had our chapter 13 bankruptcy dismissed on December 30, 2008. We have 10 days to change to chapter 7. The trustees are saying that we did not pay them enough money (roughly $500). We are confused by this. Our payment right before confirmation was $1969, but we were expecting it to go down because our mortgage payment went down $500 in September 2008. We were told it would go down automatically when we were confirmed, so we kept making the payment of $1969. Our payment was due on the 16th of every month, and we were finally confirmed on Nov. 19,2008. When we were confirmed, the papers said our payment would be $2441! We only sent out $1969 for our Nov. payment. Then we received a letter written on Dec. 8, 2008 from our trustee stating that our new payment for Dec. was to be $2128. We were completely baffled this morning when we saw the letter from court saying our bankruptcy was dismissed because the Nov. payment was $500 short. What is our next step? Will we lose our car?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 7 years ago.
Hi Tera:

Sorry you are having to go through this. Generally, if a Bankruptcy Case is dismissed, you can file a Motion to Reinstate the case, sometimes called a Motion for Relief from the Dismissal Order, asking the Court to reinstate the case.

Once the case is closed after dismissal, you may have to file a Motion to Reopen the case, and then file the Motion to Reinstate. It is best to file the Motion to Reinstate before the case is closed since the Motion to Reopen usually requires you to pay a reopen fee of $260.

If your attorney won't talk to you, I suggest finding one who will so you can reinstate before you face the reopen fee. Often, a Plan can be amended to allow you to fix errors of the sort you mentioned, but only if your lawyer will help you.

If you cannot get your lawyer to help you, here is a list of some other attorneys in your area.

Good luck!

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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