YIKES someone help me Chapter 13 910 ruling

[woeisme]

Sorry, I didn't mean any offense with the "ship has sailed" comment. I just meant that I thought the bank would win their objection, and there wasn't anything short of refiling that would change that. Glad to hear your lawyer is on the ball (finally!) and got back to you on the issue. Since it was his mistake, I really hope he isn't charging you extra fees to dismiss and re-file! (there will be the court fees, but he really shouldn't be charging you extra for the attorney fees since it was his slip-up in the 1st place!) We had to give our attorney title and registration copies of vehicles, so she had paperwork that showed when things were purchased, so if he doesn't bother with these things and just goes from memory, he really needs to take the full responsibility here.

[justbroke]

I did find a case in KS ( I am in MO) where the judge did overturn Chryslyrs objection ...

Probably Chrysler objected to the voluntary dismissal because they knew what the Debtor was trying to do. I wouldn't put it past your lender to object to the Motion to Dismiss or on your re-filing. Your lawyer will deal with all of it. You should be okay.

[CarleyJo]

Thanks everyone...I am just concerned as someone posted a 180 day rule before refiling? They could in essence come get the car immediately? Or can I immediately refile? SO confusing. I am hoping the judge is a compassionate soul..I know laugh it up....and will see why we filed in the first place. If not I would like to take this car and shove it right up the driveway of said CU.

[justbroke]

Thanks everyone...I am just concerned as someone posted a 180 day rule before refiling?

If your case is volunarily dismissed, the Judge could do so with prejudice. It's the 'with prejudice" part that makes you not eligible for refiling within the 180 day period following the dismissal. You would want the dismissal to be without prejudice.

They could in essence come get the car immediately? Or can I immediately refile?

Well, if your case is dismissed with prejudice, you'd have to stay current on the car during that 180-day period following dismissal, or be subject to a sure repossession. Your lawyer is trying to get your voluntary dismissal to be done without prejudice so that you can immediately refile. I suppose that your attorney is doing all this for free, right?

[CarleyJo]

Ok quick question on the dismisal. If we have to stay current on our vehicle following the 180 days does that mean the past due because due immediately? So confusing! Talked to my attorney yesterday and he said if we dont' make a payment USUALLY we will get dismissed w/o prejudice. I don't want to make the trustee mad! If I don't make a payment wouldn't that be a horrible mistake? Can't I just file a motion to dismiss and ask for it to be without prejudice? I am going to be an attorney after all of this!

Thanks everyone!

[rrockinggramma]

to be dismissed with prejudice means that you did a big no no like try to refile too many times or lie about your assets etc. Just miss the payments. Without prejudice is always awarded for missed payments. You won't make the trustee mad, just be prepared to explain why you dismissed when you refile. As to the car, yes you need to stay current because they sound like real stinkers.

[CarleyJo]

Thanks again everyone...I don't want to make the Trustee mad..certainly! Ok another BIG question....I maybe moving to LA....I cannot find decent salary work here...if I am living in another state...tell me how much that effects my case. I guess they won't want to drive 3000 miles to get the car.

THANKS everyone again....I feel better..I think

[CarleyJo]

Ok new update ...received something in the mail saying meeting with creditors is July 30th....do we have to go to that? I am hoping no..but again don't want to make the trustee upset.

Anyone have any advice? OUr attorney is on vacation...again.

[walkthaplank]

Yes, if you don't go to your 341 they'll dismiss your case.

[justbroke]

Ok new update ...received something in the mail saying meeting with creditors is July 30th....do we have to go to that? I am hoping no..but again don't want to make the trustee upset.

You absolutely have to go to your 341 Meeting unless your case is dismissed prior to that meeting. If you don't attend the 341 Meeting, your case could be dismissed with prejudice.

If you are dismissing your case, you'll need to work with your lawyer on that. if your case dismisses before the 341 Meeting, then you'll be ok, but you really need to work with your attorney.