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    Need to Vent!

    Received a letter in the mail today from our Chapter 13 trustee, that she was dismissing our Chapter 13 that we are 3 1/2 years into because we never sent her our 2011 tax forms. What??????? I mailed these via certified/signature required to our attorney back in February of this year. He has always sent them in for us via email, and we have never had any problems. So, I proceed to try and call him..voicemail is full cannot leave a message. By this time I am in panic mode, so I called the Trustees office and talked to a really nice office worker, explained our problem and she said I could just email the tax forms directly to the office...So I did! Then I tried the lawyer one more time, just to see if I could get thru to him and I did...I told him why I was calling, and he says, oh well let me check to see if I sent them, I have like 20 other cases...so he checks and says well I show that I sent them, the trustee must have screwed up????? Anyhoo he says he will email them also and send a writ or something like that to the trustee, says not to worry we have 21 days to argue this. Ok???? I don't like argueing anything, things have been going so smoothly for us and I don't need things like this messing up this Chapter 13. Now I am gonna worry all weekend, worrying if she received my email, his email, and his attempt to stop this cancellation! Sorry, just needed to tell someone about this, dh doesn't seem to give a care...just needed to vent!
    Date filed: 06/24/2009
    341 Meeting: 07/27/2009
    Plan confirmed: 10/14/2009
    $340.00 per month @ 60 months

    #2
    Sorry you've had to go through this stress.

    Try not to worry. It will all work out. The trustee doesn't take pleasure in dismissing cases. You sending your returns to her office probably resolved the issue. If not, you won't have to argue about anything. Your attorney will do the arguing. The trustee does not have the power to dismiss your case. She has to petition the court to have the case dismissed. If for some reason she won't back down, your attorney will tell the judge that he did send in your returns and the judge will deny the motion to dismiss.
    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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      #3
      You did all the right things,including coming here to vent; now let the others do their jobs. Keep an eye on things but don't get too crazed... it will all work out. The tt doesn't want you to fail anymore than you do.
      Now...Relax and try to enjoy your weekend. Be glad you aren't here in the East where there will be NO relaxing while gearing up for the big storm. Looking for batteries and propane as we speak.

      Keep On Smilin'

      Comment


        #4
        That is exactly why I mail a copy MYSELF to the trustee. I am not taking any chances on someone screwing up my case because they might forget.

        Comment


          #5
          Thanks for letting me vent, lol! I know I shouldn't get myself so worked up about things, but things have been going so smoothly for us during this chapter of our lives and it I don't like monkey wrenches being thrown into the mix, lol! I made note of my trustee's email address, so come time to send out the 2012 taxes I will again send a copy to the attorney, but I will also email a copy directly to her myself, better to be safe then sorry!

          Just one question tho! Will she send me a letter or something letting me know that she has taken our case off of the "dismissal" list, or is this something I will have to look up on Pacer? I just don't want this thing to get real close to the 21 day deadline and then find out things still aren't on track.

          Thanks so much for all your help!
          Date filed: 06/24/2009
          341 Meeting: 07/27/2009
          Plan confirmed: 10/14/2009
          $340.00 per month @ 60 months

          Comment

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