Motion to dismiss

[ahtera2002@yaho]

I received a motion to dismiss for nonpayment and my lawyer has already filed a response. What is the worst that can happen. I called the lawyer office and was told that is could be work out but as the date is approaching, I am getting nervous. Can the trustee and lawyer work something out? I am three years into a five year plan and do not want my case to be dismissed. Any helpful comments will be appreciated.

[despritfreya]

You have 5 choices:

1. Bring payments current by the deadline
2. File a Motion for Moratorium by the deadline
3. Convert the case by the deadline, if you are eligible for a 7
4. Let it get dismissed
5. File a Motion to Extend the Deadline and do one of the above by the new deadline.

You and your attny should be discussing which choice is best for you.

[lrprn]

1. Bring payments current by the deadline
2. File a Motion for Moratorium by the deadline
3. Convert the case by the deadline, if you are eligible for a 7
4. Let it get dismissed
5. File a Motion to Extend the Deadline and do one of the above by the new deadline.

Depending on why you are late making your Ch 13 payments, there may be one more option - 6. Modify your current plan.

If your income has dropped significantly, your expenses have increased significantly, you had another child, etc. since your Ch 13 was confirmed, your lawyer can propose a modified Ch 13 plan that matches your new circumstances.

Why have you been late making your payments?

[despritfreya]

Plan modification only works if there is room in the Plan to reduce funding. Typically Plan funding cannot be reduced unless the debtor gives up something or the pie to unsecured creditors is more than is necessary. So, yes, if the OP can take $$ away from unsecured creditors and still meet Chapter 7 Reconciliation or surrenders a secured item, Plan modification is a 6th option.

[usmccop]

Well, it's quite simple. You need to make on time payments to the trustee. To avoid this, I have my wages garnished/sent directly to the trustee by my employer.

[ahtera2002@yaho]

Motion to dismiss

Depending on why you are late making your Ch 13 payments, there may be one more option - 6. Modify your current plan.

If your income has dropped significantly, your expenses have increased significantly, you had another child, etc. since your Ch 13 was confirmed, your lawyer can propose a modified Ch 13 plan that matches your new circumstances.

Why have you been late making your payments?

Well, my income did decrease because I was being paid on a salary but the company did away with my position and I because an hourly employee. With salary I was getting paid for 40 hours a week but with hourly you can't get more than 35 hours a week and since my plan has been confirmed in 2007 I have had another child and when I did I called the lawyer's office and was told that would not change my plan. I would have to give something back.

Its a tough situation because now I have changed jobs where I am making more money but I won't get my first check until 8/31. The due date for a response or the money to be paid is 8/30. As I said before my lawyer has already filed a response but what will happen on 8/30 when there is no payment. I plan on sending a payment on 8/31 but it won't be the full amount. I was told by my lawyer to send as much as I can by the hearing date which has not been set yet. How long does it usually take for them to set a hearing date?

[tigergem]

I filed a Motion to Modify my plan and to allow myself to make a payment late so I could afford some moving expenses. I was also able to both reduce my monthly payment and the total number of months in my plan at the same time, because the Trustee had disallowed a creditor's claim, and I had an objection to another one sustained. Just do whatever you need to do before any deadlines hit.

[ahtera2002@yaho]

Thanks my lawyer told me to send in as much as I can before the hearing. I just hope I can add what I owe to the rest of my payments. I still have two years to go. Maybe the trustee will be lenient.

[sassiebaz]

Just curious, how many payments were you behind on, or late on?

[ahtera2002@yaho]

Just curious, how many payments were you behind on, or late on?

The letter said that I owe 3089.00 and that includes my August payments.

[catleg]

The 13 data center takes at least a week to post payments, so if you do decide to pay anything you should let the trustee's office know (via your lawyer probably).