Question for a co-worker

[MajorMike]

Hi Guys,
I haven't come into this situation so I don't know what to tell this guy but said I would come here and ask.

He got a letter about 6 weeks ago saying that his case will be dismissed for non-payment and today was his court date. He did not have to go as his attorney went for him and it was adjourned until April. If he has all his payments caught up by then, can they or will they still dismiss? His attorney said he may be put under observation to see if he can handle the payments but he said he is only a month behind now and making 2 payments next week so he will be caught up. Shouldnt his attorney told the court this or do they have to go to court and do this legally?

He is up in arms over it and I didn't know what to tell him as my payments are fine. I did a search on here and found nothing.

Thanks all~!

[lrprn]

There is NOTHING more important than making your Ch 13 payments on time. If life steps in (that definitely happens during 13s) and a 13 filer has to miss a payment, the filer must immediately his/her lawyer so the lawyer can contact the trustee and see if payments can be deferred until the filer can catch up. Did your co-worker do that? (I'm guessing not since the dismiss order came through so quickly).

If a pattern of missed payments is present, a 13 trustee may order a dismissal after further missed payments to get the message across to the filer that missed payments are not acceptable. Did your co-worker miss payments before this?

If the Ch 13 payments are not sustainable and your co-worker has truly cut out everything possible from their family budget, then your co-worker needs to discuss if an amended plan is possible with their lawyer.

[MajorMike]

Ok, I just talked to him. He said he was behind 4 months going on 5 and now is caught up..first time ever he was behind ( over 2 years of being in plan ). He was on disability for a few months which held up his pay but thought he could catch up once he got paid but they really messed them up. He didnt say anything to his attorney because he thought he'd be ok. Oh, he has learned his lesson but he will be current before the court date...and going forward. What do you think they will do? Still dismiss?

[MajorMike]

Ok, his attorney got his case adjouned until the end of June. All he has to do is be caught up by then and the case will be dismissed. Easy Peasy...wow...