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How can I get them to stop payments to the trustee on my chapter

13 case and get the...
How can I get them to stop payments to the trustee on my chapter 13 case and get the case dismssed ASAP? The reason we did this was too save our home. And now our mortgage company has requested to be released and we have made our own agree with them in order to save our home, but with that we will NEED my husband's FULL pay check in order to keep this agree. HELP PLEASE
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Answered in 2 hours by:
1/8/2009
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
Verified
Jonesy:

I am hesitant to tell you to go against the advice of your attorney since your attorney is familiar with all the facts of your case and presumably gave you good advice based on that knowledge.

I will say that normally you can dismiss a Chapter 13 by simply filing a motion with the court to do so. If your attorneys won't do it for you, you can file your own motion to dismiss by sending a written motion to dismiss to the Bankruptcy Clerk. The Bankruptcy Court may set this matter for a hearing, or they may just grant it and dismiss the case without a hearing.

But, in some districts, it is possible that the Bankruptcy Trustee will object to dismissal if payments are current (though I have never heard of that, I am assuming this is the case in your district based on your attorney's advice to you), but other issues may come to bear, such as the fact that all of the unsecured debt that was being discharged in the Chapter 13 case will suddenly come back to life and may immediately begin collection activities. It is possible that your attorney did the math and determined that while dismissal of the Chapter 13 would help free up money so you can honor your new agreement with the mortgage lender, that it still might be a net loss since the other creditors would come after you, and possibly sue you, and what you gained by dismissing the Chapter 13 would be lost by having to deal with all the resurrected debt from the Chapter 13. Since I don't know all those details, I am leary to tell you to go against your attorney's advice.

I suggest contacting your attorney and maybe setting up a face-to-face consultation so you can be sure they understand that you need the Chapter 13 dismissed so you have enough money to keep the house, and so, if they have a good reason, they can explain to you why they advised you to stay in Chapter 13.

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

Joe

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 is (c) Joseph Ross. All rights reserved.

JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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