I just need to vent...so upset...case dismissed by no fault of mine.

[HARLEEBB]

My 341 meeting was scheduled for this Friday (12th). I got a panicked phone call a week and a half ago from my lawyer. He didn't file the paperwork that shows that my car is covered with insurance. So now, my chapter 13 is in the status of dismissal. The lawyer did file the appropriate paperwork once he realized this but it's not that easy. The lawyer said that the judge is going to wait until December 17th to see if any creditor objects to vacating the dismissal. In other words, they have the power to have my bk13 dismissed without the option of accepting the late insurance information. I am so upset by all of this. I did everything that the lawyer told me to do. Gave him every single piece of information he asked for etc. and he doesn't file a complete case?

Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Has anyone experienced something like this? What are the odds that the case is not dismissed? I am also confused by his answer about the 341 meeting on this Friday. I do have a call into him and he is good about calling back but in the meantime, does anyone have any idea if the 341 is still going to happen or if it's rescheduled to after the 17th?

Thanks...I can't take much more stress.

[arkienurse]

Well, I have to say this a new one for me. Our lawyer didn't get our proof of insurance filed either. All my trustee did was to put forced insurance on our plan until we showed her proof of insurance.

[justbroke]

This is new to me. Usually, the only thing that a specific creditor will do if you don't have what they call adequate protection -- which includes having full insurance coverage -- is not to dismiss the case, but to file a Motion for Relief from Automatic Stay or to Order Adequate Protection.

I've never read any cases where a case was dismissed for lack of proof of insurance. Again, I've only read cases (and caselaw) on relief from stay motions for a single creditor for lack of insurance (adequate protection). The thing is, proof of insurance is usually submitted to the Trustee and/or the Creditors... not the Court.

This seems odd. As a matter of fact, the only way to dismiss a Chapter 13 case is under 11 USC 1307, and there is nothing about adequate protection or insurance there... only failure to maintain the plan and other things like that.

What it ACTUALLY reads like, is that your lawyer forgot to file something which IS required to be filed within so many days of the petition! Reads like he forgot to file your tax returns or your pay stubs, or your Chapter 13 plan... not your insurance.

But, that's just me. Do you have PACER? Find out what this lawyer is really up to.

[samtheman]

This is unheard of, there is probably more to it then your attorney is telling you. Normally, if the proof of insurance is not submitted to the trustee, he/she will give you additional time to provide proof of insurance. However, if you fail to provide insurance or proof of income, i-e paystubs, tax returns in some cases, then the trustee has the power to dismiss you case, but not at the 341 hearing.

[Nicollette]

When my attorney filed my case, he didn't have proof of my insurance. He just had me bring copies of my "declarations page" and my insurance cards with me to my 341 hearing, so the trustee could see them.

[justbroke]

When my attorney filed my case, he didn't have proof of my insurance. He just had me bring copies of my "declarations page" and my insurance cards with me to my 341 hearing, so the trustee could see them.

This is why I don't think this case was dismissed for lack of proof of insurance. There are only certain conditions for dismissal. I didn't see adequate protection or insurance (or the lack of proof thereof) as one of the reasons.

I do know that not submitting your tax returns and pay remittances to the court will get your case dismissed. So will not filing a Chapter 13 Plan or certain other schedules within 15 days of filing the petition.

But I've never heard of this for insurance...

[soleprop]

OP, time to get on pacer as suggested - come back and let us know the real deal! curious what your attorney is up to...

[HARLEEBB]

It's there...on pacer, in black and white.

I have looked at pacer and it's there. The dismissal is clearly because the insurance paper wasn't filed. Even the attorney said he was shocked that they just didn't allow him to bring the paper to the 341. If there is something else going on, that is not what pacer says.

Thanks...

Now I wait until Wednesday and either this is dismissed or they allow the vacate of dismissal. Worse case scenario the lawyer will file again and he said he would pay for the filing since it was his fault, not mine.

This just stinks....I was just ready to get the 341 over with and move on...

[arkienurse]

I have looked at pacer and it's there. The dismissal is clearly because the insurance paper wasn't filed. Even the attorney said he was shocked that they just didn't allow him to bring the paper to the 341. If there is something else going on, that is not what pacer says.

Thanks...

Now I wait until Wednesday and either this is dismissed or they allow the vacate of dismissal. Worse case scenario the lawyer will file again and he said he would pay for the filing since it was his fault, not mine.

This just stinks....I was just ready to get the 341 over with and move on...

oh man, you must really have a harda@@ for a trustee. I sure do hope your lawyer helped you work your budget to squeeze any extra into that could be put there.

[HARLEEBB]

The only thing I can think of is that the lawyer was notified that he needed to file the insurance paper but he didn't get the notification for a couple of days or didn't read his email so he didn't get the paper filed in time. He told me his heart stopped when he did get the notification so I don't think he is trying to pull something over on me he just "screwed up"... He also said that if we have to refile that he will pay the fee.

As far as the budget, we submitted the budget with me paying back almost 88%. If that isn't good enough then I pay back 100%. I guess I have no control over that. It's going to be slim pickin's for the next 5 year either way! I am more worried about getting this filed and getting to the 341. I can't take much more. Because of the status change the creditors have started calling again. I can't believe it. I thought I was past that. I had one man call me yesterday morning on my work phone and proceed to yell at me. I was mortified...and of course, now I think everyone at work knows. I called him back when I got home and told him he wasn't allowed to contact me at work. That will at least give me 10 days of reprive from "HIM" and we will know what the status is next Wednesday.

[justbroke]

I have looked at pacer and it's there. The dismissal is clearly because the insurance paper wasn't filed. Even the attorney said he was shocked that they just didn't allow him to bring the paper to the 341. If there is something else going on, that is not what pacer says.

Wow... just wow! If this isn't the first... it's one of the only times I've ever seen this. I've reviewed about 300 cases specifically on dismissals... just in case it happens to me.

I thought I've seen and heard it all, until today.

Was it a motion by the Trustee to Dismiss? Strange that the lawyer didn't catch the Motion to Dismiss either... but... looks like he's trying to fix everything.

[HARLEEBB]

Finally...

The judge reinstated the chapter 13 so now I just await the new 341 date. This is such a rollercoaster but I am glad that I don't have to refile. Weird the way this happened over 1 peice of paper!!

[justbroke]

At least you're back on track now.

[HARLEEBB]

Yes and thanks all for letting me vent! This has been exhausting!!