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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38265
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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In error, I missed three payments on my Chapter 13 plan and

Customer Question

In error, I missed three payments on my Chapter 13 plan and got settlement papers and a new court date. Can I make up the missed payments and get the plan reinstated?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

What do you mean by "settlement papers?" Was your case dismissed?

 

 

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Customer: replied 6 years ago.
I am assuming that the case was dismissed or pending being dismissed for missing three trustee payments. I can bring two of the three payments with me to the next court appearance. I just want to find out if it possible to get the case reinstated.
Expert:  socrateaser replied 6 years ago.
It's largely up to the trustee, because if the trustee doesn't oppose the dismissal of the case, then the court will allow it to continue. So, you may want to contact the trustee and offer to make all of the missed payments immediately. Maybe the trustee will withdraw the motion to dismiss. If you're offering to make a partial payment against the three missed payments, then I think you'll be blown out of the water, unless you can show changed financial circumstances that require that the plan be modified.
Customer: replied 6 years ago.

I am not sure if settlement is the same thing as dismissal?

 

Expert:  socrateaser replied 6 years ago.

I think what you mean is that the trustee is looking to resolve an issue of the bankruptcy (maybe the dismissal) by means of a settlement agreement.

 

The botXXXXX XXXXXne is that if you missed three payments, then the trustee can request a dismissal, and the court can order it. You could request a conversion to a Chapter 7, if you qualify, but unless you are able to either negotiate with the trustee or convince the court, then your case will be dismissed, and you will be left at the mercy of your creditors.

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