Trustee trying to dismiss

[hughthehand]

Upon logging onto my trustees website, I am greeted with the heading "Close Pending - Dismissed ". I am roughly $900 in arrears on payments of 1100 a month. I will get another check next week but my next payment is due the 28th. I have been running behind for the past 6 months. Constant catch up, fall behind scenario. I think my trustee has had enough. I cant file for a chapter seven because I would lose my truck (value 19,000- i owe 5900) and I have irs debt- balance $10000. Everything else is marked contingent. I have yet to receive any notifications from the courts or the trustee. How long do I have to wait to file again if I am dismissed? I really don't want to go through this again as I was forced to file pro se originally. I only have 18 months to go on a 60 month plan. Also, all my debt was bough out by non original creditors. Is there any way I can force the 2nd hand creditors to reveal what they paid for my accounts in the event I have to refile? Thank you.

[AngelinaCatHub]

If you are pro se' you have the right to talk to the Trustee directly as your own lawyer. I would plead your case to him, ask his some forbearance and a possible extension of the 60 months. I believe this could be done if he asks the Judge. You may attempt to modify and also fight the possible dismissal in Court with an "objection to dismissal" or "Motion to reconsider dismissal". You are too close to lose all that time. In the event you are dismissed you may be able to motion to reopen your case, but you may lose some of the automatic stay within 30 days. If you convince the Judge to lengthen it, he can do that. Get your paperwork together as to why you have fallen behind. If you lost a job, illness, or other good reason that will work on your behalf. Become really pro active on this before action is taken. Check your PACER account now as to what has happened. 'Hub

[justbroke]

I agree! Just talk to the Trustee's office. You really need to come up with a way to resolve this. What a waste it would be to get to month 44 of a 60 month plan (16 months shy) and have the case dismissed! It is worth your effort to see what you can do. The real problem is, why are you behind in payments?

Do you know, that if you're not on a Wage Deduction (direct withdrawal of the payments from your payroll checks), that the Trustee and/or Court would actually be more pleased if you started one? It shows that you want it to work. It's hard to get behind when the payments are coming directly from your pay.

Additionally, since you filed Pro Se, you may have some issues with how you calculated your disposable monthly income (DMI). Perhaps doing the Form B22C again and asking for either a Plan Modification of seeking a forbearance on the past due payments, is the thing to do.

[hughthehand]

Thanks guys. Sound reasoning indeed. The automatic deductions are a no go for me. I work for myself. I wish I had a good dependable job. But, alas, we all do what we have to do.

[justbroke]

Yes, that is what makes a Chapter 13 difficult... irregular income.

[hughthehand]

ok.too late.. the trustee filed the dismissal papers on the 20th.anyone have a motion to reinstate?I recieved no warning from the trustee prior.

[shellbell]

Throughout my 60 month Chapter 13, I had modified my plan (have atty) 4 times. 3 times the Trustee filed a motion to dismiss my case. Every time my atty filed the papers for modification the Trustee and Court accepted it. They just want you to finish your case. I think you will be ok if you modify your plan. Hang in there. It is a long, winding road but so is life. Keep your head up. Good luck.

[michaela]

Hi shellbell can you tell me on what grounds the modification with the trustee was done. Did you have to show any paperwork, did you have to go before the trustee? Thanks

[shellbell]

michaela. Here is a copy of one of the letters from the court after my attorney filed a motion to amend. Once that was filed this was the court's reply. My attorney did have to go before the court. I hope this helps you. When I filed my amended plan, my payment went up. I know that may be hard to hear but my payment went up 4 times from the begining.

IT IS HEREBY ORDERED that, on or before April 28, 2008, the Debtor(s) shall file and
serve a copy of this Order, a Notice of Proposed Modification to Confirmed Plan and an Amended
Plan on the Chapter 13 Trustee and all parties on the mailing matrix and complete and file the
accompanying Certificate of Service with the Clerk.
IT IS FURTHER ORDERED the Trustee's Certificate of Default to Dismiss Case, filed at
Docket No. 27, is continued to the same date, time and location as the Debtor's proposed amended
plan scheduled in this order.
On or before May 19, 2008, all Objections must be filed and served on the Debtor(s), Chapter
13 Trustee and any creditor whose claim is the subject of the Objection. Untimely objections will not
be considered.
On June 12, 2008 at 02:00 PM, a Conciliation Conference on the Debtor(s)' Amended Plan
shall occur with the Chapter 13 Trustee at 3251 U.S. Steel Tower, 600 Grant Street, Pittsburgh, PA
15219.
On June 25, 2008 at 02:30 PM, in the event the Parties cannot resolve all disputes at the
Conciliation Conference, a hearing will take place before the Court at Courtroom A, 54th Floor, U.S.
Steel Tower, 600 Grant Street, Pittsburgh, PA 15219.
Failure to file a Notice of Proposed Modification to Confirmed Plan, an Amended Plan and a
Certificate of Service within the time allotted in this Order shall result in the imposition of sanctions,
which may include dismissal or conversion of the case, an order of contempt, monetary sanctions,
etc.

[LadyInTheRed]

Hi shellbell can you tell me on what grounds the modification with the trustee was done. Did you have to show any paperwork, did you have to go before the trustee? Thanks

A modification can be done when there have been significant and permanent changes to your income and/or expenses. A modification is filed with the court. The trustee can object, but it's the judge that makes the final decision. You may have to show evidence of the changes in your circumstances in response to a trustee's objections or to prevent the trustee from objecting in the first place.

[AngelinaCatHub]

ok.too late.. the trustee filed the dismissal papers on the 20th.anyone have a motion to reinstate?I recieved no warning from the trustee prior.

You chose to be pro se, you now MUST give it your all. You have time and in that your Trustee told you nothing, perhaps could be used against this. Your irregular income (in this economy is not unusual) may just aid you. YOU MUST act like now and put an objection with reason (I'm winging legalese) to the motion to dismiss. You have not been yet, and you certainly should have a right to retort. You must forth with on this subject as you are so close to freedom. Discouragement causes depression that will cause procrastination. Don't let that bug bite as you have time at this point. "Strike while this iron is hot". That quip means something and I mean for YOU. DO IT!!! 'Hub