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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33482
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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filed chapter 13 bankruptcy. was late. case was dismissed.

Resolved Question:

filed chapter 13 bankruptcy. was late. case was dismissed. what happens now?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 4 years ago.

If you mean you were late with your payment, the trustee filed a motion to dismiss and you didn't respond or were unable to either cure the late payments or request a hardship discharge (which is roughly equivalent to a conversion to Chapter 7), then you are probably SOL.

 

You could file a motion to set aside the dismissal, on grounds that your failure to pay was due to exusable neglect or inadvertance -- but, it's entirely up to the judge as to whether to set aside the dismissal, and you had better be prepared to bring all of your payments current immediately.

 

Hope this helps.

 

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Customer: replied 4 years ago.

I was late with my payment for Sept 09. It was due by Sept 1 & I made it Friday last week. I got no notice that there was a "motion to dismiss". I only got a notice that the case had been dismissed due to late payment. I rec'd the notice Friday afternoon, having mailed pmt Friday am.

My bankruptcy attorney did not call me back yesterday but may have been out of the office.

I am wondering what happens now. Do they come and put all my belongings up for auction, take my firstborn or my birthday?

Expert:  socrateaser replied 4 years ago.

Yes, they will immediately take your first born and auction him/her off to the higest bidder.Surprised

 

I think you probably have grounds to get the case reinstated. But, you'll have to pay your lawyer to make the pleading. So, don't let the situation flounder. If your attorney won't return your calls, you may have to hire someone new.

Customer: replied 4 years ago.
thanks. so I should get in touch with my attny on Monday & he can file whatever is needed to be filed. I pay him and then continue the payments for the length of time of the bankruptcy and I keep the house, car & the first born? so long as the judge agrees, that is?
Expert:  socrateaser replied 4 years ago.

That's the theory. The trustee will object that the creditors were prejudiced by your late payment. So, you need a convincing reason for being late, like you sent payment, and it must have been lost in the mail, family emergency, etc.

 

Something better than, "I forgot."

 

 

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33482
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
ok. there was a family funeral. thanks.

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