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Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15876
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I was just dismissed from my chapter 13 bankruptcy for failure

Customer Question

I was just dismissed from my chapter 13 bankruptcy for failure to provide my tax returns. What can i do to get back into my bankruptcy? I owed money on my taxes and i sent the returns to the wrong address and i got dismissed.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

You can refile your chapter 13 or file a motion to reopen and include a copy of your tax returns, in most cases such as this it may be better to refile your bankruptcy case, especially if you want a lower payment plan.

Customer:

i dont want a lower payment plan. is this something i can do myself or will i need a lawyer to do it for me? my lawyer wants to charge me 800 to do this.

WALLSTREETESQ :

You can do it yourself, you will need to file a motion to reopen your bankruptcy case, and serve the Court and trustee, and attach a copy of your tax returns, many times the trustee may not object and allow the case to be back on the calendar.

Customer:

my case is a 100% repayment plan and i want to pay the plan off proir to the end of the term of thechapter 13

WALLSTREETESQ :

You may have to file a motion to reinstate as well in your Jurisdiction.

Customer:

what do i need todo in order to file a motion to reopen the case?

WALLSTREETESQ :

Then it should not be a problem to reopen the case as long as you file the proper motions, I would go to the bankruptcy court clerk, and ask for a sample motion to reopen and reinstate so you can file it their.

Customer:

so they would provide me with a sample and i could just use it for reference?

WALLSTREETESQ :

Yes, if not you would have to go to the law library and ask for a motion book where they have sample motions, the motion to reopen and reinstate will be their as well. It is fairly easy.

WALLSTREETESQ :

These are samples you can use as well, be aware you need to file the motion soon, usually within 10-30 days of the time the case was dismissed.

Customer:

i have made all my payments for the last 2 years and just sent thetax returns tot hewrong locationa

Customer:

the trusteesaid in her report that she checked with the dept of defense and found out that i am not a soldier and didnt have to abide by the soldiers and sailors act this is wrong i am a soldier

WALLSTREETESQ :

Then you need to prove this, if you were on duty, you can show proof of that, and then the Court could not have dismissed the case.

Customer:

ok so from what i have told you does it look like i have agood chance to reopen this case?

WALLSTREETESQ :

Yes, also the fact you have already paid into 100% plan for several months your case should be reopened.

Customer:

yeah i am actually paying 4% interest on most debts

WALLSTREETESQ :

If you were on active duty and that is the reason you could not provide the tax return, then it will be approved.

Customer:

so this isnt something i should be paying my lawyer 800 for.

Customer:

i am on active duty but that isnt why i couldnt provide my tax returns. i sent them to the payment address not the trustee office

WALLSTREETESQ :

I would try to do this yourself, if that is not possible do retain an attorney or ask the court clerk for a pro bono attorney to help you file it.

WALLSTREETESQ :

Look at the samples provided above.

Customer:

i paid the 30 dollars for this service is there anything i need to unsubscribe from? Any reoccuring fees from this service that i need to disenroll from?

WALLSTREETESQ :

No, once you provide positive feedback you will be billed once only. Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15876
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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