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Plan dismissed after 53 payments.

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    Plan dismissed after 53 payments.

    Hello. At my wits end and out of the country for 3 more weeks and don't know what to do.

    First off thank you for reading... Today I found out my plan was dismissed due to delinquent payments. My atty has consistently been late with notifying us on plan changes. Which has been pretty frequent the past few years btw.

    Last spring our plan had to be modified to add tax debt from the previous year. At that time the trustee agreed but stated we needed to add more unsecured debt if allowing tax debt in. So our planned payment went up. We signed the modified plan in June 2013 and started making the increased payment immediately. In ~January this year we received notice from the trustee that they filed a motion to dismiss for delinquent payments. We didn't know why so of course we called our atty and was told yes you're late just pay it. Please note our atty is has consistently taken days/weeks to respond to us if at all.
    We did not agree we were late and the atty couldn't detail why so we called the trustee’s office. We were told that our plan payment went up in April 2013 and we were short for April and May and in June payments were as planned. So we sent a copy of the modified plan showing we signed it in June and immediately made the payment. We then got the "it's your debt, you’re responsible, be accountable" and basically suck it up. We are delinquent ~2400 dollars btw.
    We were not able to get the payments current so we discussed with the trustee’s office to send additional money each month to equal the $2400 in the remaining payments and was agreed upon verbally. For the past 3 months we have paid an extra $300 and on track to settle the shortfall by end of plan.

    Then out of nowhere my atty emails me and said at court Monday (which I was not aware there was another court date) that our case was dismissed for being late... I'm freaking out right now. I only have seven payments left (March payment sent last Friday).

    On top of this as you can read above our atty said let me know if you need help refiling... WTF???? I'm so angry I can't see straight. We have done everything that has been asked from us. All we have ever wanted was to have consistent payments and to let us make the payments to the end. I can't count how many times it’s went up and/or down. It feels like every 4 months something had to be changed. I feel like our legal representation hasn’t represented us and I don't know what to do?

    First I need to finish this plan as we are so close to the end. Secondly I would like to know if there is any legal recourse against the atty? I know negligence will be very hard to prove, but feel like I have to do something. I am being railroaded and feel like I have to just bend over and take it. There’s no way this can be possible. Why would they let the plan go with only 7 months left? We have paid over 100k into this plan….

    #2
    What is the delinquency amount? How quickly can you come up with the $$ understanding that the amount will increase by the next month's payment? If you can find the $$ to bring payments current you would file a Motion to Reinstate. Typically you want to do this within thirty days. The longer it takes the harder it becomes to get the case reinstated.

    Des.

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      #3
      If you cant come up with money just refile.

      Comment


        #4
        OMG....I'd be devastated if my plan was dismissed after so close to completing. This is why once a month, I always check 13DataCenter AND Pacer to ensure everything is still going strong and as it should be. I never rely on my attorney to inform me of anything; if anything, its the other way around because we're so diligent in checking all the time. Thankfully in the past few years we haven't had to notify them of anything major.

        I hope you can get it reinstated like Des mentioned; to refile and start over again would be crushing.

        As an FYI not just for the OP should they be able to reinstate - but for ALL CH 13er's: MAKE SURE you have completed your final financial course and your Trustee has the certificate of completion as well as a copy for yourself and your attorney if you havent already done so. Too many Ch. 13's get dismissed due to not having the right course (has to be on your Trustee's list of approved classes - so check their website or call their office) and/or the certificate not being sent in time. DO NOT TRUST that the on-line site you use will email it to your attorney or Trustee - ours stated they did, but they didnt; only we received it, so we saved it, printed it, and emailed it (all bases covered) to Trustee and attorney.

        Comment


          #5
          Originally posted by Pandora View Post
          OMG....I'd be devastated if my plan was dismissed after so close to completing. This is why once a month, I always check 13DataCenter AND Pacer to ensure everything is still going strong and as it should be. I never rely on my attorney to inform me of anything; if anything, its the other way around because we're so diligent in checking all the time. Thankfully in the past few years we haven't had to notify them of anything major.

          I hope you can get it reinstated like Des mentioned; to refile and start over again would be crushing.

          As an FYI not just for the OP should they be able to reinstate - but for ALL CH 13er's: MAKE SURE you have completed your final financial course and your Trustee has the certificate of completion as well as a copy for yourself and your attorney if you havent already done so. Too many Ch. 13's get dismissed due to not having the right course (has to be on your Trustee's list of approved classes - so check their website or call their office) and/or the certificate not being sent in time. DO NOT TRUST that the on-line site you use will email it to your attorney or Trustee - ours stated they did, but they didnt; only we received it, so we saved it, printed it, and emailed it (all bases covered) to Trustee and attorney.
          Pandora, I haven't completed the last financial course as I have 18 months left on my Ch. 13. As long as it is completed within a year or so, will I be ok?

          Comment


            #6
            Originally posted by NeedOptions View Post
            Pandora, I haven't completed the last financial course as I have 18 months left on my Ch. 13. As long as it is completed within a year or so, will I be ok?
            You just need to take the course before your last payment is due. But, why wait? You might as well get it out of the way now.
            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!

            Comment


              #7
              What LITR said

              Better safe than sorry - just double check to ensure Trustee receives a copy as well as your attorney

              Comment


                #8
                Any word on how Yoshi made out?
                11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

                Comment

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