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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I was currently in a BK case (Chapter 13) that has been officially

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I was currently in a BK case (Chapter 13) that has been officially been dismissed. We have filed a Motion to Set aside the dismissal and the Trustee has entered a non -objection response. One of our payments was returned indicating that that it could not be accepted as the case had been dismissed. I understand the Court has to keep the response time open regarding our Motion to Set aside the dismissal until November 19th. We have another payment due as we speak on top of the last payment. DO we hold monies until the motion of setting aside the dismissal has been ruled on by the court advising of the reinstatement?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Yes. Hold your payment until the dismissal is set aside. Until that occurs, the court is without jurisdiction to accept payment.

Hope this helps.

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Customer: replied 1 year ago.

So they won't look at the case when the time elapses and say oh no payment has been made and deny the reinstatement? I am just trying to be prepared as to how they will communicate to me that payments will now be accepted etc..

Expert:  socrateaser replied 1 year ago.
You can offer the payment to the trustee in writing, and then use the refusal or failure to respond as evidence of good faith. Legally, if your case was dismissed, the trustee has no authority to accept payment, so I can't imagine that he/she will accept it from you.

Hope this helps.
Customer: replied 1 year ago.
One last thing. The Trustee entered a motion advising that he had " no objection" to reinstatement. The case still remains "dismissed" until the case is reinstated by the judge correct?
Expert:  socrateaser replied 1 year ago.
That's correct. Based on the trustee's non opposition, I cannot imagine that your case will not be reopened. So, save that payment because you will need it very shortly.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34464
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

I just wanted to make sure that the Judge doesn't deny reinstatement because the payments are not current . Sorry to "beat a dead horse" but just trying to be certain. Thanks again!!

Expert:  socrateaser replied 1 year ago.
You're welcome and good luck.

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socrateaser
socrateaser
Bankruptcy Lawyer
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Attorney and Real Estate Broker -- Retired (mostly)