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My husband has filed chapter 13 the trustee has requested…

Customer Question
My husband has filed...

My husband has filed chapter 13 the trustee has requested additional info from a corporation I am a partner in, trustee has not confirmed our case but already sent garnishment to his employer. We had made one payment by cashiers check and we're not informed that we could not continue paying with cashiers check. Garnishment was never discussed is this normal? Can my husband change his mind and stop the bankrupcy

Lawyer's Assistant: What state are you in? And has anything been officially filed?

We are in oregon. The papers were filed but the confirmation has not taken place and the trustee is requiring more and more info which we were not informed of by the bankruptcy lawyer that these additional things were even possibly going to be required. He received a page of 60 some address stickers at the creditor hearing and was told to mail money order or cashiers check. Then the trustee sent garnishment info to his employer even tho trustee is the one saying he may ask that it not be confirmed

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

Sorry it's a bit complicated I guess to explain well. I was searching on line for info when this popped up

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Civil court? As in what type of thing? Husband had the creditor hearing but bankruptcy case has not gone to confirmation hearing yet

Submitted: 6 months ago.Category: Bankruptcy Law
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2/5/2018
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 22,793
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

I am sorry to read about your difficulties.

Your Questions:

My husband has filed chapter 13 the trustee has requested additional info from a corporation I am a partner in, trustee has not confirmed our case but already sent garnishment to his employer. We had made one payment by cashiers check and we're not informed that we could not continue paying with cashiers check. Garnishment was never discussed is this normal?

Response 1: No, it is not.

Can my husband change his mind and stop the bankrupcy

Response 2: It depends.

Under 11 U.S.C. Section 1307(b), a Chapter 13 debtor has a right to ask for voluntary dismissal of a case that has not been converted from another Chapter. Below is a sample Motion to Dismiss. Once your Motion is granted by the Court (this is not adversary proceeding), you would be returned in the same position that you were in before filing for bankruptcy protection. Any money that the Chapter 13 Trustee has not paid to your creditors must be returned to you less the Trustee's administrative costs.

Sample Motion to Dismiss

Debtor's Motion to Dismiss Chapter 13 Case

[Caption: Official Form 16A]

Debtor's Motion to Dismiss

Chapter 13 Case

The Debtors, pursuant to 11 U.S.C. § 1307(b), hereby elect to dismiss the above-captioned chapter case. The Debtors are entitled to dismiss their case because:

1. This case, filed on [date], is a case under chapter 13 of the Bankruptcy Code.

2. This case has not been previously converted under section 706 or 1112 of the Bankruptcy Code.

Date: [signature]

Attorney for Debtors

Official Form 16A

http://www.uscourts.gov/forms/bankruptcy-forms/caption-0

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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