How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38271
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I was currently in a BK case (Chapter 13) that has been officially

This answer was rated:

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?
Yes. Hold your payment until the dismissal is set aside. Until that occurs, the court is without jurisdiction to accept payment.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 4 years 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..

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 4 years 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?
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 and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years 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!!

You're welcome and good luck.

Related Bankruptcy Law Questions