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Ask HCLegal Your Own Question
HCLegal
HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience:  I have filed over a thousand bankruptcy cases.
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i have been in a chapter 13 for 2 years and paying on time.

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i have been in a chapter 13 for 2 years and paying on time. now i find out its been dismissed due to missing a hearing. i never knew about a hearing and my attorney never contacted me. i can't get my attorney to call me back. what do i do

HCLegal :

Hello and thank you for your question here on Just Answer.

HCLegal :

Has the case actually been dismissed already?

HCLegal :

Your attorney is obligated to keep you updated on the status of your case. He can get in trouble with the bankruptcy court for failing to do so.

HCLegal :

Where are you located?

HCLegal :

Are you there?

Customer:

i am located in sacramento ca. it says dismissed. i never was told i had to be at court. i have called my attorney 3 times no call back. i have been paying on time and more than i have to trying to pay this bk off.

Customer:

they sent my last payment back

HCLegal :

What is your case number, I will be able to look up your case and tell you why it was dismissed

Customer:

10-31954-e-13

Customer:

they said it was for a hearing about the debt would not be satisfied in the term .

HCLegal :

one moment please while I look it up.

Customer:

thank you..

HCLegal :

do you know which district you are in? North South Central?

Customer:

no. sacramento bk court.

HCLegal :

Brian and Annie?

Customer:

yes thats us

HCLegal :

ok, one moment please

HCLegal :

basically the motion to dismiss says that it would take 72 months to pay off all the things that need to be paid off during the bankruptcy. The longest you are allowed to go is 60 months. Therefore you would be required to modify the chapter 13 plan and raise your payments to pay everything off.

HCLegal :

that was not done and so the case was dismissed.

HCLegal :

You have 2 choices.

Customer:

ok

HCLegal :

1) file a motion to reconsider the dismissal of your case, then modify the plan and raise your payments to pay everything off.

HCLegal :

2) file a new case

Customer:

can i file a 7 they are old taxes from 2007, 2008 2009

HCLegal :

Either way your attorney should have informed you of what was going on in your case.

HCLegal :

has the irs filed a lien?

Customer:

not yet. i just got a letter from the state..

Customer:

he won't even call me back.

HCLegal :

are we talking about state taxes or irs taxes

Customer:

state and irs was in the bk

HCLegal :

ok....I do not know about state taxes as I am not licensed in California and don't practice there.

HCLegal :

What i can tell you about the IRS taxes is that they are generally dischargeable under the following condition

HCLegal :

1) it is at least 3 years old from the time the taxes were filed.

HCLegal :

2) the taxes have been assessed for at least 180 days

HCLegal :

Really the 3 year mark is what you need to worry about.

HCLegal :

did you file the taxes on time?

Customer:

07 08 i did.. not 09...

HCLegal :

ok, so the 2007 you would have filed by April 2008, so add three years and that is 2011.

HCLegal :

the 2008 would be 2012.

HCLegal :

so if you waited till after April 2012 you could include the 2007 and 2008 taxes in a chapter 7

Customer:

how will they determine if i qualify for a 7. i make very good money.

HCLegal :

how much do you make?

HCLegal :

approx.

Customer:

240k last year. but i have large expense. i pay child support and alimony.

Customer:

i pay out alomost 70% of income right now with bk, child support and alimoney and living expenses.

HCLegal :

Thats is a lot. It would be hard to tell you if you qualified for a chp 7 without running a detailed means test. That is not something I can do here as I would need a lot of information on your income and expenses and that is really beyond the scope of this forum.

HCLegal :

I do not think you would qualify for a chapter 7 just based on my experience but you never know until you run a means test.

Customer:

is there anything i can do if my attorney will not call me back. should i find a new one. i need to go get my kids from school..

HCLegal :

I would find a new one.

Customer:

thank you..

HCLegal :

You can file a complaint against your attorney with the state bar for not keeping you updated

HCLegal :

You can always come back to this page to ask more questions if you need too.

HCLegal :

I hope you found my answer helpful, and if so please do not forget to click ACCEPT, this is the only way that I will get credit for assisting you– I receive no credit for helping you unless you actually press ACCEPT, even if you already have a subscription. By pressing the ACCEPT you will not be charged any more money. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation.


 


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