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    Trustee has filed to dismiss

    Noticed on Pacer today, and then received in the mail the copy from the trustee that he has filed "Motion to Dismiss or In The alternative Reduce Attorney Fee for Failure to Confirm and Notice of Hearing Thereon". This is based on the Failure to Obtain Confirmation and Confirmation has been denied. The new bleeping attorney has never filed anything that tells the court that he is the new attorney so the copy has gone to the old attorney and I bet attorney #2 never showed up at the confirmation hearing, although the primary conact at the law firm said he did and that it was "passed". Based on what I received today, I can only assume he didn't show.

    I had called the trustee a couple of days before the confirmation hearing and spoke to the actual trustee and he indicated that he was going to call attorney #2. Maybe he did, but it certainly didn't light any fires under anybody's sitting spot.

    I realize this is in my favor, but it is so frustrating. At least the trustee is attempting to get the attorney fees reduced to attorney #1, and surely they won't dismiss because I am upholding my end of the deal, as payment #2 was overnighted to arrive on time.

    I called attorney #2 today at 9:15 a.m. and have yet to hear a word and he was due in the office within 30 minutes. He has now been in the office for 6 hours. Grrrrrrr.

    Final gripe, the primary contact person at lawfirm #2 tried to tell me that the paralegal file the paperwork to change attorney's and that Pacer is only updated on Wednesday's. Bulls**t. The Pacer site FAQ indicates that it is real time, thus requiring no weekly or even nightly update. NDC updates nightly. Somebody's trying to pull a snow job and I've been falling for it hook, line and sinker. I'm not trying to be a pest to them, I just want to see the paperwork done correctly.

    I think it's time to find someone else, although he has been known to call at 9 p.m. We shall see what transpires in the next 6 hours. I'd be very tempted to go it alone if it wasn't for that one secured creditor that has filed an opjection.

    Thanks for letting me rant and vent.
    I used to have a life, now I have grandkids.

    #2
    That would really suck if you case got dismissed since you worked this long and hard for Bk. I hope things clear up for you!

    Catchmeifyoucan
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      So sorry this has been such a rough bk ride for you, Granny. Hope everything turns out all right for you in the end. Know that we are always here for venting or support any time you need. Keep us posted on what happens with your motion to dismiss, ok? We want to help you any way we can.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Well attorney #2 called last night at 8:45 and said he had notified trustee's office to not dispurse any funds to attorney #1. Apparently Attorney #1 is out of the office and has not returned whatever docs are necessary to release him. Attorney #2 also said the trustee motion to dismiss was standard procedure for anytime you fail to confirm.

        Pacer indicates that something was filed yesterday, but I can't pull up the document and I'm not sure why I can't see it.

        We'll see what happens in the next week.
        I used to have a life, now I have grandkids.

        Comment

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