Ok we filed Chapt 13 back in March of 2009. We got alittle behind this past May. Got a letter from the court(7-15) saying we had 60 days to pay what we owed. We got all that money in by Sept 13. Husband called trustees the day he sent out the remaining amount and they said we were in the clear. Yesterday we got a letter from the court saying the trustee is dismissing our case for not paying the amount on time. We had all the monies in by the 60 days( failure to obey court order). Yes we didnt send in all of Sept at once(not due til the 17th of each month) but thats usually not a problem until you are 2 months behind. Called Lawyers today, they said they will file a motion to vacate (unsure really what that is) and get together a packet of papers, and we may have to go in for a meeting, said they have 14 days to get it all taken care of. What does that mean for us? We were under a foreclosure thats why we sought out chapt 13. We have children and cant lose our home. HELP what can we do?
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Chapter 13 to save home from Foreclosure but now its being dismissed
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If you paid the amount due within the 60 days it means nothing to you. Sounds like a clerical error. You have an attorney, keep on him and make sure it is done.
Also I think this is the 2nd thread involving this. If this was not you then sorry, otherwise go back and read the other threads replies3/2/09- Filed: chapter 7 / No asset
4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
4/2/09- Trustee Report of No Distribution Filed
6/24/09- Discharged and case closed
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Sounds like the Trustee jumped the gun, or your money actually didn't arrive and "get processed" on the day it was due, which would be 9/13/2010 (60 days from 7/15). In any event, your attorney is handling it correctly! A Motion to Vacate will dissolve (get rid of, or make void) the order dismissing the case.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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