7 converted to 13 dismissed!!!

[JJ15]

We originally filed Chapter 7 in Jan. 2008, and due to a flaw our attorney did not catch, we had to convert to 13 in July 2008. We found out on Aug. 26th what our monthly payments would be so the next week we sent out Aug. payment. And I was getting ready to send out Sept. when our attorney called yesterday saying our case was dismissed due to non payment.

They are saying we have not paid from Feb thru July, and if we don't come up with $1,540 in 10 days to reinstate our case, then we have to start all over and re-file. Apparently they are going off of the date that we filed the chapter 7, but we did not convert until July, making our first payment due in August.

How can we be responsible for paying something that was not even in place at the time? I don't understand. We don't have the money to pay within 10 days (that's why we filed bankruptcy).

Any ideas? PLEASE HELP!!!!!

[BROKENN]

WHAT! And your atty's stand on this? Just let you know and hang up??

They should fix it!! That is what they were paid for!

[JJ15]

Our attorney acted like there was nothing we could do but come up with the money or re-file. Well, we can't come up with the money and we have already been going through this crap way to long and do not want to re-file.

We did everything we were told to do and do not feel we should have to be the ones to fix it. I think our attorney messed up somewhere and is not admitting it. but we also do not have the money to get a new attorney and start over. We have borrowed from everyone and can not keep doing that.

It sucks that you do not know you have a dud for an attorney until it is too late!!!!

[jessegirl]

Can't you call the trustees office and speak to them?

[JRScott]

So sorry to hear this .

I can't see how they could expect you to pay for the months before you converted. What caused the conversion?

I assume your lawyer's fees were wrapped into the 13 as well, it seems it would be to his advantage to salvage the situation.

I hope you sort something out.

[JJ15]

We called the Trustee's office and we were only allowed to talk to his legal advisor and they said there really is nothing we can do since it has already been dismissed, but to pay the money, or MAYBE write a letter to the judge. But we only have 10 days, and would not have enough time for that. Besides, our attorney said the judge won't change it, he's already made his ruling. That we have to pay the money and submit motion to be reinstated since the payment would be made.

I have been researching everything to see what the rules are on converting and how they determine your start date of monthly payments, and so far, nothing.

The reason for the conversion is on the mean's test when it asked how many kids we had, we listed my husbands boys (who we get one night a week and every other weekend). Well, we did not know that you can only list those who live in your house 50% of the time, and they do not, so that changed our numbers on the means test and made us ineligible for Ch. 7, so we had to convert to 13. We didn't know that, but our attorney should have!

I am just ready for all of this to be done with so we can just make our payments and move on. It's so frustrating. But I am determined to complain or appeal this issue, not just for us, but for others who might have this problem. I don't see how they can hold you liable for paying something that was not in place at the time.

If anyone knows what the rule is on any of this, please let me know.

[happy_ira]

I think Judges are very smart people. Write a concise non-emotional letter outlining the issue.

At the same time, from what I've read, the legal system is messed up (and judge might not fully believe you). Try to beg, borrow and steal to come up with the money.

Out of curiousity - who came up with the monthly $$$ for the Ch 13? Did the Trustee arrive at a number and give it to you in the paperwork? Did you have any say?

[JRScott]

I'd write the letter in an attempt.

Send it next day mail.

Just be cordial and state the nature of the problem and why you think the ruling is in error. Mention that you had originally filed for a chapter 7 then it was converted on such and such date to a Chapter 13. Ask if they can move the payments to the end of the plan that were missed to help you out. I can't gurantee success but it might help.

See if any friends/family might could help give you the money but its important they realize its a gift and you wouldn't be able to pay it back