Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
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?
Yes, they will immediately take your first born and auction him/her off to the higest bidder.
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.
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."