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We had our chapter 13 bankruptcy dismissed on December 30,

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2008. We have 10 days...
We had our chapter 13 bankruptcy dismissed on December 30, 2008. We have 10 days to change to chapter 7. The trustees are saying that we did not pay them enough money (roughly $500). We are confused by this. Our payment right before confirmation was $1969, but we were expecting it to go down because our mortgage payment went down $500 in September 2008. We were told it would go down automatically when we were confirmed, so we kept making the payment of $1969. Our payment was due on the 16th of every month, and we were finally confirmed on Nov. 19,2008. When we were confirmed, the papers said our payment would be $2441! We only sent out $1969 for our Nov. payment. Then we received a letter written on Dec. 8, 2008 from our trustee stating that our new payment for Dec. was to be $2128. We were completely baffled this morning when we saw the letter from court saying our bankruptcy was dismissed because the Nov. payment was $500 short. What is our next step? Will we lose our car?
Submitted: 9 years ago.Category: Bankruptcy Law
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Answered in 4 hours by:
1/6/2009
Bankruptcy Lawyer: JoeLawyer, Attorney replied 9 years ago
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
Verified
Hi Tera:

Sorry you are having to go through this. Generally, if a Bankruptcy Case is dismissed, you can file a Motion to Reinstate the case, sometimes called a Motion for Relief from the Dismissal Order, asking the Court to reinstate the case.

Once the case is closed after dismissal, you may have to file a Motion to Reopen the case, and then file the Motion to Reinstate. It is best to file the Motion to Reinstate before the case is closed since the Motion to Reopen usually requires you to pay a reopen fee of $260.

If your attorney won't talk to you, I suggest finding one who will so you can reinstate before you face the reopen fee. Often, a Plan can be amended to allow you to fix errors of the sort you mentioned, but only if your lawyer will help you.

If you cannot get your lawyer to help you, here is a list of some other attorneys in your area.

Good luck!

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above (c) by Joseph Ross, all rights reserved.
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
Verified
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