Motion to Dismiss

[aveda6]

Okay, I'm panicking and need some words of wisdom. We received a notice of a motion to dismiss our Ch13 case due to late payments to the trustee. We have been consistently paying on our bk case for the past 1.5 years. We are required to pay via a money order that is mailed in. I went through all of my receipts and they have all been mailed between 4 and 7 days ahead of the due date. This month the notice was sent that payment was not received but the notice was sent the day before the due date of the payment. I have left messages for my lawyer and the trustee directly asking if there is anything that can be done. Ideally I would like to set up a payroll deduction but apparently that is not offered (although I have asked again just to be sure). I'm just wondering if it's already too late or if the trustee has a wrong date in the files. I have verified the date in my filings so I know we've been early. The problem is that the money orders cannot be verified as having been received on time as you lose tracking through the money order process.

how much trouble am I in?

jim

[liz417]

You've done nothing wrong, your attorney will talk to the Trustee and work things out. Maybe as you suggested, the Trustee has the wrong (or right) due date...

Good Luck! Don't worry so much...

[justbroke]

how much trouble am I in?

Your lawyer is the place to start. The lawyer should work with the Trustee's office to figure out the amount that you are in arrears... if in fact you are.

Your Motion To Dismiss should have had an amount past due. If that's equal to the payment you just missed, you usually have 10-20 days to correct it and then file a Response stating that you're current.

Your Trustee must be real tight to just be mad about ONE missing payment. Have you checked what Chapter 13 Trustee website to see what's going on with your payments?

[AngelinaCatHub]

All above are correct. Lawyer first. Here is what we do, I have Acrobat on my machine that makes and appends an image of every check I send. DW always sends by ‘green card’. If you do not have this fancy software, make a copy of it some way. Scanner or copy machine. You are not in trouble as a motion can be addressed. That is your lawyers job. I think just a simple misunderstanding. You will be fine. ‘Hub

[AngelinaCat]

We are a C7, but an asset case. We have to mail in a check to the trustee every month by the first of the month. Not only do we do a money order, we also do a green card, certified receipt deal. Only costs $5.32. Well worth the extra dollars. I want a HUMAN BEING's signature for my BK case notebook.

[liz417]

We are a C7, but an asset case. We have to mail in a check to the trustee every month by the first of the month. Not only do we do a money order, we also do a green card, certified receipt deal. Only costs $5.32. Well worth the extra dollars. I want a HUMAN BEING's signature for my BK case notebook.

Good thinking, Mrs. Cat!

[aveda6]

thank you all for the fast replies. I'm going to call both the lawyer and the trustee tomorrow (only if I can't reach the lawyer directly). I shouldn't be in arrears as ever payment has been made. I'll definitely look into the option of using the green card that was mentioned.

[hughthehand]

dont feel bad. Ive noticed (my check goes to a p.o box) suntrust bank sits on my money order 4-5 days before its posted. They receive it before the due date and it post late. My trustee tried to dismiss mine too.