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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I got a letter from the trustee, that my ch. 13 is being filed

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I got a letter from the trustee, that my ch. 13 is being filed for dismissal due to not submitting my " 2010 Federal tax refund" here the situation. Yes I was supposed to get a refund from Federal IRS but I'm still paying in monthly payments for prior year 2006 audit. So therefore I have not gotten ANY refund, and I'm still paying to Federal as we speak. I submitted all tax documentations to my trustee that was requested. My attonrney has know, that I've been in the process of paying Federal and has not communicated with the trustee about my repaying Federal IRS. I'm assuming that the trustee thinks I've pocketed the refund. The Federal is not going to give me a refund if I'm still paying for prior taxes. Then to top it off. I received the letter of the filing of the dismissal 3 days ago, and I've tried to talk to my lawyer by leaving messages and emails about the situation. Today will be the 4th day and I'm still trying to communicate, but he (my lawyer will not reply to my request to communicate about the situation.) Can I hire a new lawyer, that can possibly file a motion of appeal and communicate with me? If so how much longer should I give my current lawyer to communicate with me. I have not been behind in monthly payment either, my spouses wages are being garnished bi-weekly, I just feel I'm being lead on by my current lawyer. I've had to contact the trustee on why I'm being filed for dismissal, the trustee basically told me to contact my lawyer. So therefore I've tried have not been able to communicate because he is not replying to my calls or emails. What can I do???
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
What state are you in?
Customer: replied 5 years ago.
I'm in Oregon
Expert:  cfortunato replied 5 years ago.
If you are not happy with your Bankruptcy attorney - for any reason - you can "fire" him at any time. However, before doing so, it would be a good idea to first contact another Chapter 13 Bankruptcy attorney in your area, to make sure there is someone else available to step into your Bankruptcy to give you the help you currently need (defeating the Motion to Dismiss your Bankruptcy). You should be able to find one by calling the Oregon Bar Association to ask for recommendation. The number is (800)(NNN) NNN-NNNN/strong>.
There is no strict rule regarding how long you should give your attorney to respond to you. However, if you do not get the courtesy of a response within one week, I think that is long enough to wait to contact another Bankruptcy attorney.
Once the Bankruptcy trustee finds out that IRS withheld your refund, the trustee has to notify the IRS that they should not have withheld the refund - because of the Bankruptcy filing - and request them to send the refund to the trustee, thereby avoiding a dismissal of your case.

I think this is what you wanted to know. If not, please let me know.
Thank you!
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