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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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My chapter 13 case was dismissed but a motion to set aside

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My chapter 13 case was dismissed but a motion to set aside the motion was filed and the Trustee has entered a non objection response to the reinstatement. It has to be held open until the 19th of November to allow creditors to object. The Trustee sent back my last payment due to the case being dismissed indicating the case was dismissed. Given the Trustees Non Objection response, is it likely that they will reinstate? If it is reinstated, I am assuming that I will mail monies owed to the Trustee once I get that notice from the court?
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

You assumptions are correct. Likewise, once reinstated, you will have to send money to the trustee for all the back months owing as if the case was never dismissed so that you will be current. This is because your plan is based on payments over a set period of months. And the plan cannot now exceed that number of months.
Customer: replied 4 years ago.

Is it fair to say that the judge will most probably reinstate given the motion to set aside has been filed and the Trustee has no objections to reinstatement? I am assuming the Judge will not deny reinstatement due to payments being "current" as the Trustee would not accept payments for a case that had been dismissed?

You are on firm ground. The case will be reinstated.
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