Hearing is scheduled for mid-March on the dismissal

[olivies]

Recap: we fell behind, motion to dismiss filed, attorney filed motion to extend time to cure. The attorney's office said they will attend, but we don't have to go to it. But I'm wondering if we "should". ?? And I'm wondering if "they" will attend it like "they" attended the 341 meeting- they had a proxy attend.

[MajorMike]

Yes, they will attend it for you. You don't have to do anything. I had a friend go through this. They extended him 3x and then dismissed the case, meaning closed it because he caught up. When he received the letter for dismissal, he made all the payments and brought them up to date BY THE FIRST COURT DATE. You need to do this or yes, you'll be dismissed and you'll have to refile your 13 again, pay the attorney fees again and start the 10 year clock all over...AND your creditors will come back after you if you don't. So make sure you catch up the payments by the FIRST court date. When he did this, he said he didn't get notified by anyone but just checked pacer and when his attorney contacted him, he said they kept moving the court date while they were MONITORING him for consistant payments for 3 months before dropping the motion entirely. Hope this helped...but keep in mind, every trustee/court is different.

[lrprn]

The attorney's office said they will attend, but we don't have to go to it. But I'm wondering if we "should". ?? And I'm wondering if "they" will attend it like "they" attended the 341 meeting- they had a proxy attend.

Since your attorney let you down once already, I would most definitely call and discuss your concerns with your lawyer. If you don't get a commitment that your lawyer will be there - not a proxy this time - then attend the hearing to ensure at least someone there is familiar with your specific financial situation and plan.

Keep in mind that the hearing could be under oath. Even if it's not, the same rules apply as they did for your 341. Give the specific answer to questions you are asked directly but volunteer nothing else, and tell the truth.

Is it possible for you to catch up your Ch 13 payment arrears by the hearing date?

[olivies]

Since your attorney let you down once already, I would most definitely call and discuss your concerns with your lawyer. If you don't get a commitment that your lawyer will be there - not a proxy this time - then attend the hearing to ensure at least someone there is familiar with your specific financial situation and plan.

Keep in mind that the hearing could be under oath. Even if it's not, the same rules apply as they did for your 341. Give the specific answer to questions you are asked directly but volunteer nothing else, and tell the truth.

Is it possible for you to catch up your Ch 13 payment arrears by the hearing date?

Not possible. Payday the 5th and 19th, and the 5th is the rent payment. I could possibly make up the 4/5 of a payment we are due (we are 1.8 payments in arrears...we split up one payment over 5 months, and already sent in that partial payment, and asked to have the last payment paid in full by July 15th). But it depends on how much I can tweak my utility bills and drag them out till the next pay day.

The chances of us meeting with our attorney this week are zero since DH has been at work for the last 16 hours due to a new software rollout and that's how the rest of the whole week looks for him. We are asking to see her next week, to bring her our paperwork and get on the same page with her.

[michele71]

I just went thru this I missed 3 payments (7200.00)and got a Notice to Dismiss. I called the trustees office told them what was going on and ask to pay 600 extra per month over 12 months and there was no problem. If you are able to make any extra payments AT ALL and this is the first time you have been behind if your trustee is reasonable you should be fine. My attorney didnt even respond with anything official i sent the lawyer a letter laying out my proposal after talking to the trustee and that was presented to the court via PACER. I wish you good luck on this. I would go to the hearing if you cant get a continuance to prove you are trying to catch up. Good luck.