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My trustee filed a motion to dismiss my chapter 13, which I…

my trustee filed a motion...
my trustee filed a motion to dismiss my chapter 13, which I filed July 1, 2016. He argued that since I filed on chapter 7 in 2011, which was later coverted to chap 13 and then another chapter 13 in 2012, which was dismiss because I was able to workout with the creditor prior to payments started on the plan. I have complied with all requirements and filed a very reasonable plan, which is basically to pay my late mortgage. I have no other creditors, except a car loan, which has only 425.00 left on a car that is basically out of the road. How should I respond
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Answered in 5 minutes by:
8/29/2016
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
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What is the argument the trustee is making? That it is a bad faith filing and you are a serial filer?

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Customer reply replied 1 year ago
He is saying that because I filed before, those years and the ch. 13 was not completed for the reasons i mentioned (since I worked out the issue with the creditor at the time - they just refi. my mortgage) I let the case be dismissed. I had two fillings, last one in 2012. I made my first payment on the plan and have complied with all filling requirements. I just saw him today for the meeting of creditors and he asked me if I have responded to the motion I told hime that I was drafting it, and he said that the hearing might be postponed.
Customer reply replied 1 year ago
Customer I am not sure. Are those questions you ask me your answer?

Alright, well to me, 4 years later is sufficient time despite the prior filings. I would just put all that in your response to the motion. Put in there that you are current and have complied with all filing requirements and see chapter 13 relief to allow you to catch up on mortgage arrears.

Your reasons sound justified to me. You may just have to file a response and take it to hearing. Who knows, maybe the trustee will withdraw his motion.

Do you have any further questions?

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No that is not my answer, but sometimes we need additional information to provide a more thoughtful answer to you.

DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
Verified
DrakeLAW and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 1 year ago
Customer Ok, thank you. Is there a specific format to respond?

No there is not a specific format. You can just copy the format of the motion the trustee used and call it RESPONSE TO TRUSTEE'S MOTION TO DISMISS. File with the clerk and be sure to send a copy to the trustee.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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