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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
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

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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.

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 and other Bankruptcy Law Specialists are ready to help you