Requested Dismissal, now Trustee wants one too

[caj0524]

So...

My (pro se) chapter 13 bankruptcy was confirmed in July.

Side note... for anyone who thinks it's easy... it isn't.

My problem now is this: My wife has been hospitalized due to pre-term labor of our twins for the past couple months. We can't afford the medical bills, and have now missed the last 2 payments to the trustee.

I sent a letter to the trustee and the court requesting the case be dismissed so we can file a chpt 7 without waiting the 180 days. As soon as the trustee got my request, she filed a request to dismiss due to failure to make payments. She scheduled a hearing for next week.

(We can't convert to a 7 because my wife isn't on the chapter 13).

So any ideas on my next move? I have since moved out of state, and can't fly 1000 miles next week to meet with the trustee.

Any advise would be greatly appreciated. Thanks!

[justbroke]

That sure seems like a tough spot to be in. I wonder if a call to the Trustee to ask if the Dismissal can be done without prejudice.

I think the key is going to be whether it's with prejudice or not.

If you do talk to the Trustee, see if s/he consents to a dismissal without prejudice.