Ch. 13 got dismissed!!!!

[JJ15]

Attorney called yesterday. Our Chapter 13 got dismissed.

We originally filed Ch. 7, but due to something our attorney missed, we had to convert to 13. We originally filed for 7 in Jan. 08, and converted in July 08. We found out on Aug. 26th what our monthly payments would be. So the following week we made our first payment (which was for Aug.) and I was just getting ready to send off Sept. payment yesterday when attorney called.

Apparently, they are saying we have not made our payments because they are going off of the chapter 7 date, not the 13 date. And our case was dismissed due to non-payment. We have 10 days to come up with $1,540 to reinstate our case or we will have to re-file and start all over.

Am I missing something here?! How could we make a payment on something when there was no payment plan in place at that time? They are trying to say we owe for our monthly payments from Feb. thru July, but we were in Chapter 7 at that time and did not convert until July!

The attorney acts like there is nothing we can do but to pay the money or start over. We are NOT starting over. Between the first screw up of our attorney and then having to convert, it has been exhausting.

We just had our 341 last week and nothing was said. Apparently there was a confirmation hearing yesterday, and our attorney had said we did not have to attend. But apparently he did not attend either, because I am being told that is when it was dismissed.

Is there anything we can do? Is there an appeal process or an objection to the dismissal process? It is obvious with the proof of paperwork that we did not have a payment during those dates, so I don't understand.

PLEASE HELP!!!

[NowImDownInIt]

Your 341 and confirmation hearing were only a week apart? Was it actually dismissed? Or just a motion to dismiss? I would almost say allow it to be dismissed and start over with a competent attorney... He sounds like a twit. In any case, I don't know if I can give you any advice, but I am praying for you.

[AngelinaCatHub]

You have a paper trail. Make your lawyer fix this mess. If he messed it up, he should fix it. There is a way to appeal. I think you just got a dud of a lawyer. You can go online and get a complaint form from his states bar association. Fill it out and show it to your attorney and explain you will file it if he does not do his job. The numbers do not fit but if nobody shows at a hearing it is often time dismissed as a default 'whatever'. 'Hub

[liz417]

I make the attorney fix this NOW! If he doesn't, do what 'Hub suggested and fill out a complaint with the Bar Association. Sounds like your payments should have started in Aug. Remember, that you and your attorney will be in this together for 3-5 years, so if you don't feel like he is represent you well (at the begining), let it be dismissed and find another attorney! Ask for a refund too!

Wishing you the best!

[hughthehand]

My trustee increased my payments and made it retroactive to the filing date. Guess what? He filed a motion to dismiss due to arrears. $1800 worth. Luckily the judge caught on and gave me a chance to cure the arrears. I have until the end of Dec. to get caught up + my normal payments. Also, I couldn't afford an attorney. I had to file pro se.

[justbroke]

Sounds like the Attorney may have miscommunicated or made a small error in calculating when the payments were due. Just have the attorney fix it. You can cure missed plan payments in the plan, but that requires a new plan (something else your Attorney will need to do).

Didn't attend the confirmation hearing... wow... someone has to attend! Not attending a confirmation hearing (or being represented therein) is grounds for dismissal. I just saw one of those Motions to Dismiss in my District for the same thing! Also one for someone failing to attend the 341... as neither the lawyer nor the debtor showed.

Best wishes on a successful amendment to your Plan and for curing your deficiency.