What the heck does this mean?!

[mylife]

Hello,

We've not yet been confirmed. Our trustee has been taking us through the ringer. Our next hearing was this month so I just checked Pacer after some time just to see what was going on. There was a notice that on Friday our case was DISMISSED for failing to file the amendment by the June 20th deadline. Also on Friday our attorney filed a Motion to Vacate Order of Dismissal.

Should we be pissed off? One because our attorney failed to file the paperwork and two because he did not call us on Friday. What should our next move be?

Thanks

[lrprn]

Call your lawyer and find why he/she didn't file the amendment by June 20. Then ask what to expect since your case has been dismissed due to the amendment not being filed.

In most cases like this, the lawyer files the Motion to Vacate, files the required paperwork, and the dismissal is reversed.

Should you be pissed off? Well, your lawyer's performance hasn't been exactly stellar missing such an important deadline. But at least the motion to vacate the dismissal was filed very quickly.

During your conversation, do mention how disappointed you are to find yourselves in this situation and request that since it was the lawyer's office that dropped the amendment ball, you shouldn't be charged for them fixing this issue.

Good luck! Keep us posted about what happens. Hang in there!

[mylife]

Thank you lrprn for the response. The attorney did apologize that he dropped the ball and advised that it will most likely be lifted and if not would be unusual. We're just waiting to see and was told to continue making our payments.

[frogger]

The attorney did apologize that he dropped the ball and advised that it will most likely be lifted and if not would be unusual.

Your attorney is not the first one to miss a deadline and he won't be the last. I'm not saying that it's right (because it's not), but things happen. I agree with lrprn that you should not be charged for the work, and I agree with your attorney that it's really not going to be a big deal.

[mylife]

We've had two creditors call us already and we were advised to tell them the dismissal is being reversed and to direct them to the attorney. I've been tempted to find out if we could settle with them for 10% since they were such small amounts, is that legal or even a good idea?

[catleg]

Your attorney will probably be more attentive going forward!
If you're going forward with the 13 anyway there's no reason to settle anything, you don't want any 1099-c's from them .
Don't convert dischargable consumer debts into non dischargable tax liabilities.

[mylife]

Thanks catleg, that makes sense.