Few questions regarding motion to dismiss...

[kaylasmomjen]

I filed in Feb of 2007 for Chapter 13. I'm the sole debtor, and I was making my payments as agreed until I quit my full-time job in September. I received a letter in November and replied with a note that I would make a final payment in March with my tax funds because I am a full-time student and am no longer employed full-time. Today, I received this motion to dismiss, the reason: Based upon the debtor's payment to date, the money received by the Trustee is insufficient to exectute the debtor's plan, and in judgement of the petitioner, said plan is not feasible and should be reviewed.

So it sounds to me like they're giving me the opportunity to possibly lower my payments to a more affordable amount? Or am I just screwed? I would have been done paying in March, and honestly, if its going to be a huge mess, I can just take some money out of my husbands stock and pay it off within a week. Is it too late for that? Who do I call? What do I do? BTW, my atty was a fly-by-the-night atty and I cannot, for the life of me, find him. I don't have money to shell out for a different lawyer.

Thanks in advance!

[enginegirl]

Question... why don't you take the money from your husbands stock and continue your payments until march? it seems so awful to go this far and then have it dismissed

[momofthree]

To clarify, you haven't made a payment since Sept? And you advised them you cannot pay them again until March? Is that correct? So, it sounds as if they want to dismiss due to non-payment. I would get on the phone to your attorney asap to figure out how to get you caught up. If your case is dismissed, all your debt comes back + interest + late fees, etc. The last almost 3 years will have been for pretty much nothing.

[kaylasmomjen]

That's correct. My last payment was the second week of September.

Gosh, I have been looking everywhere for him. the email addresses I had for him are sending back emails and the phone numbers are either disconnected or are someone else's number. If I send a check to the Trustee, will they take it, even though I've got this motion to dismiss? If so, I'll just mail in a check.

[enginegirl]

you might be able to send a CASHIERs check to trustee...... If you are unable to find your lawyer's number, call the trustee directly, they may be able to track him/her down... Remember that this Monday is a Holiday.....

Where's Des when you her!!!

[papie]

Your trustee filed a motion to dismiss for non-payment. Simply sending him a note telling him you'll pay him for months later doesn't cut it. They letter isn't saying that they're giving you the opportunity to lower your payments. It says that they are going to dismiss your case and you have a timeframe where you can try to convince them otherwise. Remember, your Chapter 13 case in just another business deal for these people. Nothing more, nothing less. If your case is dimissed, all your old debtors that have been hanging out for four years waiting around on your Chapter 13 plan will be on you like white on rice.

Since you can't find your lawyer, you'll need to contact the trustee's office directly. I'm not sure they'll respond too favorably when you tell them that you willingly quit your job and decided to just stop making Chapter 13 payments. I would prepare to beg and plead with them and start taking action to cash in some stock asap.