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Trustee Office Error Venting

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    Trustee Office Error Venting

    What I've learned in being in a CH 13 for over a 1 1/2 years is to always keep track of everything going on in your case. Husbands company held payments to long before sending to Trustee and therefore there was a motion to dismiss. All payments were sent in and we are actually 2 payments ahead somehow. But Trustee was not going to withdraw motion because the numbers weren't coming out. Attorney and he talked and it was Trustee's computer software that was calculating wrong. They were getting their computer guy to fix and calculating by hand. Motion also said we would go over 60 months.... We've paid every payment so I don't know how that would be possible. That was over a month ago and the motion to dismiss is still in effect. Hearing is set for this Thursday.

    I have kept up with every payment and every detail of my case. So I know we are currant and have done everything right. It's crazy to think that computer software issues at the Trustee's office can affect my case this much. And how many other cases in my district has it affected without the people in Bankruptcy even knowing about it. I think the computer issues are the reason there was a motion to dismiss in the first place because when it was filed on July 16th.... there was 4 payments showing up on Pacer that wasn't even included in what the Trustee said that we had paid in.

    You would think b/c it was their mistakes, that they would be quick to rectify, but instead trustee at first told attorney that he'd withdraw if we committed to not being late at all for 6 months. She said that this wasn't even our fault and that it should be withdrawn because we are not behind and WE have never been behind. This was AFTER he told her once he received the payments from Husband's company that he would withdraw.

    I do know that if my bill paying software messed up and our payments were late because of that, the Trustee wouldn't care at all. But since it's the Trustee's software... we are the ones still stressed out because we have a hearing to dismiss our case.

    Attorney has told me 3 times...she's calling to find out status of what Trustee's going to do. Emailed her again today to ask for update.


    Sorry...venting here because I have gotten used to being at Trustee's mercy while in Ch 13... but in this situation, it's all just wrong. And our case could get dismissed because of errors in Trustee's offce.
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

    #2
    If your case is dismissed because of errors in accounting at the Trustee's office, file an appeal and notify the US Trustee over the Trustee.
    Also this is something your Chapter 13 attorney should be handling for you..... he gets paid in the plan to handle your affairs.

    Keep us posted.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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