Chapter 13 being dismissed Please give me your input

[helpinflorid]

Ok we got a little behind in May, got the notice from court on July 15 to repay what we owe within 60 days. We got all the money in by the 60 days, even called the trustees office and they said we were good and everything was fine now. So just yesterday, we receive a letter from them saying they are dismissing our case for not paying the amount within the 60 days. Now today our lawyer is issuing a Motion to vacate. What does that mean exactly and what will happen now? We have all the copies of our money orders that we sent in during the 60 day period.

[tobee43]

well...i'm certain the order to vacate has to do with reinstatment of the 13 and possibly get rid of the dismissal...in other words your atty is fighting the dismissal...i would think...

BUT.....i should NOT be the one telling you why your atty is filing the motion.....THEY should!!

now...consider this...maybe since you fell so far behind you can see about filing a chapter 7 and be rid of these payments once and for all. call the atty and ask them about that...although they will NOT be happy since they will also lose their monthly payments from you.

i would even take a moment or three and call a few other atty's about seeing what the changes are of turning that 13 into a 7...if you wanted to.

[newbie2]

Ok we got a little behind in May, got the notice from court on July 15 to repay what we owe within 60 days. We got all the money in by the 60 days, even called the trustees office and they said we were good and everything was fine now. So just yesterday, we receive a letter from them saying they are dismissing our case for not paying the amount within the 60 days. Now today our lawyer is issuing a Motion to vacate. What does that mean exactly and what will happen now? We have all the copies of our money orders that we sent in during the 60 day period.

Sometimes dates and documents get run around through the ever spinning wheel at the trustees office :-) You have proof you paid, your attorney sounds like they are on the ball with this (motion to vacate being taken care of), you should be just fine. Now it's more paperwork (for your attorney) and possibly you giving your attorney copies of the money orders that you sent. Try not to worry, this should work out just fine.

[forgotten]

Your attorney filed a motion to vacate (set aside) the dismissal on the grounds that you did make your payments in the time frame specified by the court. If the court agrees that you did comply with the original order (to make up the payments in 60 days) and the dismissal was made in error then your case will be reinstated and you will be back on track.

[helpinflorid]

ok Husband talked to lawyer they said it shows we were behind $1720 after the due date. They are getting a packet of stuff up and we may have to go in for a meeting. How long do you have to get all this stuff together before they can proceed with a forclosure which is why you went into Chapter 13 to begin with?

[newbie2]

ok Husband talked to lawyer they said it shows we were behind $1720 after the due date. They are getting a packet of stuff up and we may have to go in for a meeting. How long do you have to get all this stuff together before they can proceed with a forclosure which is why you went into Chapter 13 to begin with?

Now I'm confused...is your mortgage payment behind? Or your trustee payment?

There shouldn't be any foreclosure proceedings while you are in your plan and IF you have been making your mortgage payments on time. (Does the trustee make your mortgage payments or do you?)

[helpinflorid]

The trustee was making the mortgage payments thru our payment for Chapter 13. Is there any way we could talk to our bank that holds our mortgage and see if they can work out payments with us and just let the chpt. 13 go? I dont want to lose our house, we have 4 kids and just dont have the money or anywwhere else to go. Paying our mortgage is no problem but the trustee payment included other things too like medical bills and things like that, making it $1945. Mortgage payment is just $1100.

[momofthree]

It sounds like you were past due on your house when you filed, and your mortgage arrears were included into the plan payment. Have those arrears been paid yet? If not, then if the case is dismissed, you'll still be past due on the mortgage and the bank can proceed with foreclosure.

Is there a way to modify your plan payment?

[Pandora]

I agree with Momofthree - so your payment to the trustee is $1945 - and you say your mortgage payment is included in that payment, which is $1100, so everything else (trustee fees, unsecured, secured (incl. mortgage arrears if any) came to the extra $845 out of your $1945 payment?

I dont understand either - if you filed and were paying your trustee to pay your regular mortgage payment in addition to any arrears / any other debts - then how can they dismiss it? That would be on your trustee, not on you - if you made all payments as required.