Trustte wants to file a MOTION TO DISMISS...

[manifest]

I filed pro se 12/29/08... Over the course of my chap 13 plan, I have ran late on my payments. My trustee sent me a letter stating he may dismiss my plan, if I do not send him over $16k in back payments no later than 1/25/10.

Can someone provide me what documents (i.e. motions, proposed orders, orders, etc) I would need to file with the BK court in order to modify my plan and/or stay the dismissal, due to my (i.e. diminished income, medical disability, etc).... Thanks!

[justbroke]

If you have $16K in missed payments, it will probably be difficult to a.) modify your plan to catch up, b.) stave off any motions for relief from stay from secured creditors, or c.) modifying your plan payments.

In this situation, if you're underemployed, lacking income, are newly on disability, you should probably consider a conversion to Chapter 7. I don't see any reason to stay in Plan. I only see evidence that you should be in a Chapter 7... and get it over with. You can do this through a notice of conversion.

Do you have the NoLo Guidebook or anything?

[manifest]

Filing a motion....

Does Nolo guide provide ALL the required forms for filing?

[zingabot]

Manifest, as far as I know Nolo does provide all the forms for filing, but even with the Nolo book I printed all my forms from the bankruptcy site for my district and used those for filing. They're in PDF format and fillable, though not saveable - meaning, you can bring the form up on your screen, fill in the fields, and print off the completed form, but you can't save the completed form to your computer.

The Nolo book is helpful for explaining the ins and outs of the chapter of bankruptcy you're filing and taking you through the process step by step.

[justbroke]

Never use the forms from the NoLo book itself. Always get the Official forms from the Official Website...

http://www.uscourts.gov/bkforms/index.html

[justbroke]

Does Nolo guide provide ALL the required forms for filing?

First, let's get a few things situated, because your question is very telling. The NoLo guide may not go into specifics of conversion, but let's just do the basics.

If this is your first conversion, then you do this by Notice, not by Motion. The difference is very important because Notice doesn't require a hearing and is effective upon filing the Notice. A Motion usually requires a hearing and can be challenged.

You need to follow your local rules. Conversion from Chapter 13 to Chapter 7 usually requires you to only file a new means test, the Chapter 7 means test, on Form B22A. (I say usually, because some Districts don't require this.) You'll need to file a Statement of Intentions and serve it on the parties in interest. You'll need to file a Statement of Additional Debt for those debts incurred after you filed.

Generally speaking, that's all you do. Then you will get a new 341 Meeting date and new dischargeability date. You'll have a new 341 Meeting to go to so don't miss that.

[manifest]

Chapter 7....

What is the law for filing chap 7, how many years must a person wait between filings?

[tigergem]

They're in PDF format and fillable, though not saveable - meaning, you can bring the form up on your screen, fill in the fields, and print off the completed form, but you can't save the completed form to your computer.

You can print them as PDF files and save copies that way. This might involve a slight tech learning curve, as you have to be able to set up a pdf writer as a printer, and then you have to remember to select the correct printer when you want to use it. The good news is there is free software available for doing this at pdf995.

[justbroke]

What is the law for filing chap 7, how many years must a person wait between filings?

8 years if you received a discharged in the prior Chapter 7. The timing is from the discharge of the former Chapter 7, to the actual filing of the latter Chapter 7.

[manifest]

Chapter 7....

Thanks!!! If I filed 2 -3 months sooner than my discharge date will the court dismiss my case?

[manifest]

Another question, what would be the reasons I could dismiss my chap 13 case "w/o prejudice"???? The purpose would be to "refile... due to enormous plan payments, which I cannot pay at the moment!!! Thanks!!!

[justbroke]

Thanks!!! If I filed 2 -3 months sooner than my discharge date will the court dismiss my case?

Yes. Because you'd be ineligible.

Another question, what would be the reasons I could dismiss my chap 13 case "w/o prejudice"???? The purpose would be to "refile... due to enormous plan payments, which I cannot pay at the moment!!! Thanks!!!

Sometimes, you can get it dismissed with prejudice by missing the payments, and then asking for it to be dismissed w/o prejudice at the hearing. I have found that it could just depend on the Trustee. Usually failure to make payments is a good reason to dismiss with prejudice since you're required to comply with the order of the court (order of confirmation).

However, if you can show that a hardship occurred (unemployment, under employment, disability, etc), you could get the Court to dismiss without prejudice so that you can refile under Chapter 7 or the same Chapter.

[manifest]

Chapter 7....

That's what I was thinking .... Good to have someone confirm....

[HHM]

8 years if you received a discharged in the prior Chapter 7. The timing is from the discharge of the former Chapter 7, to the actual filing of the latter Chapter 7.

Just a quick clarification, the timeline runs from filing date to filing date, not discharge date to filing date.

[justbroke]

Just a quick clarification, the timeline runs from filing date to filing date, not discharge date to filing date.

It's strange but I think there are two different interpretations of this. My District goes discharge to filing. I've read several other Districts do the same (like West Virginia Northern).

Strange. I agree with you that it should be filing to filing, but the Districts don't seem to agree. As if they ever do.