Motion to dismiss( longer than 60 months)

[billybob37]

I got a letter from my trustee for a motion to dismiss because the plan was going to take longer than 60 months by 15 months. I am 2 years into this so why are they just coming up with this now? I just recently had a creditor file a late claim for $3000 so I am assuming this might have something to do with it. But this creditor was inluded in my plan on day one so I would think they were figured into the payment. I have an appointment next week with my lawyer but I just wanted you guys opinion on this.

[HHM]

Who can say. Not enough detail.

It is either a liquidation value issue where you plan must pay a certain amount and you are simply not paying enough, or it could be you have certain priority claims and are not contributing enough.

My guess is, a plan modification is all that is needed to fix the problem.

[justbroke]

You'll just have to talk to your lawyer. There are any number of reasons that a plan is, or has become infeasible. Without gory details of your plan, required payback amount, Chapter 7 liquidation value of your Chapter 13 BK Estate, claims made and allowed, and secured debt payments (including but not limited to ARM related adjustments), we can't tell you why your plan is now, infeasible.

If the $3K is from a secured creditor, then this could be affecting your payments. not enough information to tell you. You need to sit with your lawyer, and figure out if that "new" claim of $3K is actually new, a modification, misread by the Trustee, treated incorrectly in the Plan, objectionable, or any other treatment that may need to be done regarding it (such as getting it disallowed, etc).