Letter from Trustee regarding dismissing Chapter 13.

[summerrain]

I am recently separated from my husband, before the separation we stopped the garnishments for our chapter 13 from coming out of his check. The attorney was supposed to switch them to his check. That did not happen, needless to say now we are $1500 behind in payments. My husband and I are separated and he's living elsewhere. He is able to come up with the money of his extra expenses and the money he has to give me for the children. I asked him to contact the attorney to adjust his payments due to our change in expenses but he has not done that. I am unable to pay the arrears to the trustee. I have left 2 voice mail messages for my attorney and no one has called me back. If the case is dismissed do I have any options?

[lrprn]

Unfortunately you've learned an important lesson about every filer's responsibilities during an active Ch 13 the hard way....that you are ultimately responsible to ensure that everything that's been promised to maintain your Ch 13 filing actually happens in a timely fashion. It looks like your ex or the lawyer dropped the ball here, but regretfully you will pay the consequences of that as well

Are you leaving the voice mail messages for your attorney on the attorney's main office line? When did you leave the messages? Did you share that you've received a dismissal letter from the trustee's office on the messages?

Call the office again tomorrow morning as soon as the office opens. Be sure to share you've received a dismissal letter from the trustee for non-payment. If your attorney doesn't call back by tomorrow noon, think seriously about going to the office in person tomorrow afternoon or Tuesday morning (find out from the receptionist when your lawyer is in court to avoid that time). Hang in there.