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dismissing and refiling due to miscalculated payment

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    #1

    dismissing and refiling due to miscalculated payment

    We have a meeting with trustee and found out the our attorney didn't calculate the payment correctly. We will have to pay double the amount so now the attorney is asking us to dismiss the case and refile it in 3months after lowering our income.
    Is this possible. We already made Nov and Dec and Jan payments to trustee.
    Anybody have been in situation like this before!!Thanks
    Tags: None
    #2
    You can always just stop paying and the trustee will dismiss it for you.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

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      #3
      I wonder if there are any advantages to dismissing it yourself instead of letting the trustee dismiss for non payment.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        Has your atty tried recalculating using the Lanning judgement?? I have a large pay cut about a month after filling... it took a couple months and a lot of heartache but I was able to get my payment significantly (from about 1500 to 540 a month!)
        Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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          #5
          What happens in 3 months that reduces your income?

          This really shouldn't be too difficult of a problem, if the change is certain, just modify the plan to reduce the payment at that time. Dismissal should be the last resort. Sounds like your attorney is a bit of a lemming and doesn't really understand chapter 13's. There really is no benefit to you in dismissing and could have some consequences when you refile depending on what you are trying to accomplish.

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            #6
            The attorney didn't calculate our wages correctly and the trustee found more income which is going to increase the payment. it was all due to overtime. And now the is going to be for 5 years with double the amount. So he wants to dismiss the case and refile in 3 months time. I have no idea what will happen in this 3 months. we have been making trustee payment regularly.

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              #7
              Sounds like a Means Test problem. As was previously mentioned, The supreme court decision in Lanning should help. I hate to say it, but it sounds like you have a bargain basement attorney. Let me guess, he/she only charged you a small amount up front for the chapter 13. Now you are finding out the consequences of going with a cheaper attorney.

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