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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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How can I get them to stop payments to the trustee on my chapter

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How can I get them to stop payments to the trustee on my chapter 13 case and get the case dismssed ASAP? The reason we did this was too save our home. And now our mortgage company has requested to be released and we have made our own agree with them in order to save our home, but with that we will NEED my husband's FULL pay check in order to keep this agree. HELP PLEASE

I am hesitant to tell you to go against the advice of your attorney since your attorney is familiar with all the facts of your case and presumably gave you good advice based on that knowledge.

I will say that normally you can dismiss a Chapter 13 by simply filing a motion with the court to do so. If your attorneys won't do it for you, you can file your own motion to dismiss by sending a written motion to dismiss to the Bankruptcy Clerk. The Bankruptcy Court may set this matter for a hearing, or they may just grant it and dismiss the case without a hearing.

But, in some districts, it is possible that the Bankruptcy Trustee will object to dismissal if payments are current (though I have never heard of that, I am assuming this is the case in your district based on your attorney's advice to you), but other issues may come to bear, such as the fact that all of the unsecured debt that was being discharged in the Chapter 13 case will suddenly come back to life and may immediately begin collection activities. It is possible that your attorney did the math and determined that while dismissal of the Chapter 13 would help free up money so you can honor your new agreement with the mortgage lender, that it still might be a net loss since the other creditors would come after you, and possibly sue you, and what you gained by dismissing the Chapter 13 would be lost by having to deal with all the resurrected debt from the Chapter 13. Since I don't know all those details, I am leary to tell you to go against your attorney's advice.

I suggest contacting your attorney and maybe setting up a face-to-face consultation so you can be sure they understand that you need the Chapter 13 dismissed so you have enough money to keep the house, and so, if they have a good reason, they can explain to you why they advised you to stay in Chapter 13.

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


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