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Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 32154
Experience:  JD
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I failed to make the first payment on a chapter 13. I filed

Customer Question

I failed to make the first payment on a chapter 13. I filed all on my own and did not pay attention to when payment necessary. I am and was capable of paying. Case dismissed. I have until 6/23 to file a motion to vacate the dismissal and set a trial date. What to do.
JA: What state are you in? And has anything been officially filed?
Customer: Virginia. Northern.
JA: Have you talked to a lawyer yet?
Customer: No lawyer. I did have my meeting the trustee and he wanted me to change a couple of things. I was just about to file a modification and pay. Missed the first 30 days.
JA: Anything else you think the lawyer should know?
Customer: Just that I filed to keep them from taking my home while I worked on a loan modification request. Urgent now b
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Bankruptcy Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Texas Atty replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I'm not sure what your question is. You have identified the proper route, file a Motion to Vacate the Dismissal. You really may want to consider hiring a lawyer because the judge is going to be miffed that he is having to have a hearing because you "did not pay attention" (I know judges and they all seem to have a firm opinion that their time is valuable, usually much more so than the lawyers or parties). If you hire a lawyer now the lawyer will explain that you are now on their docketing system, etc. Please understand, I know that sometimes things happen but most judges don't like pro se litigants in the first place and things like this set them off.

You also need to get the trustee recommended modification ready whether you do it or the lawyer actually files it. That way you can let the judge know you're on top of everything now.

Please ask any follow up questions in this thread.

Customer: replied 4 months ago.
I have the modification ready and was about to take it in today. How do I find a good lawyer in Northern Virginia
Customer: replied 4 months ago.
Are you there
Expert:  Texas Atty replied 4 months ago.

You can find one at In the section for Area of Practice enter Bankruptcy.

It sounds like you have a good grip on everything and a lawyer is really only necessary because there are often ways to argue with the trustee and get things done in a way that is better for you. The trustee wants to spend as little time as possible and be paid as much as possible so sometimes that can conflict with your goals plus, as I said, judges aren't very understanding about mistakes by pro se litigants whereas they normally just look over the same mistakes made by a lawyer.

Expert:  Texas Atty replied 4 months ago.

Please be patient when waiting for a reply. Sometimes it takes the website a while to notify me you have responded and the site has been glitchy lately. I will be online almost all day but it may take a few minutes to get back to you sometimes.

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