Motion to dismiss

[ahtera2002@yaho]

I received a letter for a motion to dismiss because of nonpayment. My laywer has already filed a response. What are the next steps after the hearing date is set. I am three years into a five year bankruptcy plan. Is there a chance that the trustee and my lawyer can work soomething out and let me make up the payments so my case wont be dismissed?

[AlbanyMan]

Sure, as long as you can come current with your plan payments by paying the missed plus current payments or doing a plan modification.

[ahtera2002@yaho]

Sure, as long as you can come current with your plan payments by paying the missed plus current payments or doing a plan modification.

My hearing date will be 9/22 and I will have made all but $1235 of the $3089 that I owe. Since I still have two years to go will the trustee or judge be willing to let me cure my arrearage by increasing my payments. I have changed jobs since I have fallen behind so now i am able to make payments. I hope it works out.

[Pandora]

My hearing date will be 9/22 and I will have made all but $1235 of the $3089 that I owe. Since I still have two years to go will the trustee or judge be willing to let me cure my arrearage by increasing my payments. I have changed jobs since I have fallen behind so now i am able to make payments. I hope it works out.

When you changed jobs - or lost the income that you originally had when your plan first started - didnt you contact your attorney at that time to modify your plan?

Always always always contact your attorney when your income changes (good or bad) so that the plan can be modified up or down, if necessary so you dont risk dismissal. Paying in 3 years out of 5 and risking dismissal - ouch.

I hope your trustee allows you to catch up and continue forward.

[AlbanyMan]

If you are short make sure your lawyer either modifies the plan to work in those missed payments or to adjust the amounts unsecured creditors will receive. The courts know its tough out there and more than willing to work things out. You will be fine, but keep your lawyer posted.

[ahtera2002@yaho]

When you changed jobs - or lost the income that you originally had when your plan first started - didnt you contact your attorney at that time to modify your plan?

Always always always contact your attorney when your income changes (good or bad) so that the plan can be modified up or down, if necessary so you dont risk dismissal. Paying in 3 years out of 5 and risking dismissal - ouch.

I hope your trustee allows you to catch up and continue forward.

Yeah I called the attorney's office today and was told that when I come to the hearing to have my last six months of checkstubs and they will see what they can work with. The other thing that i am worried about is when I take my last checkstub from my new job that I started last month, how much more will the trustee add to my payments.