Hi. I filed for a chapter 13 on 7/21/08. We just received a letter from the court saying our case was being dismissed for failure to file schedules, plan, or statements. I called the court and they said my papperwork was missing 2 signatures from my attorney. I'm trying to save my house. Does anyone know what will happen now or what my next step should be? I've left a message for my attorney. Thanks.
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Your attorney and you need to get the paperwork into the court asap. Once it is in, I am sure your case will proceed but you need to be on top of this with your attorney. -
I doubt it's anything more than a procedural glitch which your lawyer can easily fix.
Two weeks after our 341 I checked Pacer on a Monday night only to find the trustee had filed a motion to dismiss for not recieving our bank statements he requested. We had given them to our lawyer at the 341. I sent an e-mail that night to my lawyer. He didn't reply on Tuesday (very unusual) so Wednesday I called his office, he was on vacation but I wasn't annoyed (sorry, couldn't help myself). I told the paralegal about it and she said to get the bank statements to them, when I told her they had them she checked and said yep we have them and they were marked as having been scanned and sent to the trustee. Told me she would take care of it. The very next day in the mail was a letter from the trustee's office saying they were withdrawing the motion to dismiss (how it happened this quick I have no idea). We left on a fishing trip that afternoon, when we got back Sunday in either Friday's or Saturday's mail was another letter from the trustee's office which was a motion to confirm our plan.
In other words it doesn't sound like anything to worry about, just make sure your lawyer attends to it.The future is unwritten. J.S.Comment
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