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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello, I have files chptr 13 ...Ive had a hard time getting

Resolved Question:

Hello,
I have files chptr 13 ...I've had a hard time getting my CPA to finish my paperwork ...but papers from the courts state that "failure to file a chapter 13 plan by January 31, 2011 may result in an order dismissing this case without further notice or hearing" .... I'm not sure where my attorney is on my case, if they didn't file a plan because i didn't have my taxes done, can they refile for me? I haven't had luck on the communication side of things with this attorney :(
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

Not having filed your 2010 taxes yet is not the reason your case may be dismissed, as you are not required to file your taxes before they are due - on April 15 or October 15 with an extension. However, if your case is dismissed because the court did not get the plan on time, your attorney can file a Motion to Reinstate the case. This Motion - along with the missing plan - must be filed within a certain amount of time after the Dismissal, and the timeframe will be listed on the Notice of Dismissal.

In other words, if your Chapter 13 case is dismissed, you do get a second chance.

 



Edited by cfortunato on 2/2/2011 at 2:05 AM EST
Customer: replied 5 years ago.
...I think I can breathe now ...Thank you ...I have another quick question: my husband just got a promotion that is going to come with more money ....we dont how much more just yet ...whatever that amount is, do we have to pay it towards the creditors? If we do, I'm not sure chapter 13 is even the best option for us any more. Please advise
Expert:  cfortunato replied 5 years ago.
Your monthly plan payment will have to increase if, and only if, your total household gross income goes up by more than 10%.

Edited by cfortunato on 2/2/2011 at 2:16 AM EST
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