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Order dismissing??? What's going on???!!!!!

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    #1

    Order dismissing??? What's going on???!!!!!

    I don't understand what's going on!!!

    I've been in my ch 13 since june and I've made all payments. in October I got a letter that the trustee objected to the plan, and that there would be a hearing, now I'm getting an order to dismiss my case and they're lifting the automatic stay ( which I also don't understand)

    PLEASE SOMEONE HELP ME!!!!!!
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    #2
    Can you give some more info?

    What is your plan payment?
    Do you have priority debts, like past due home/car payments, IRS, etc.?
    Do you have non-exempt equity, and how much?
    Was your plan proposed for 36 months, or was it longer?

    I think the common reason for a trustee to object would be A. your expenses are unreasonable or B. your plan doesn't allow enough for unsecured creditors. If you post more info, we can help more. Its possible that you can amend your plan and be ok.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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      #3
      but if the trsutee already aggreed to the plan then why dismiss it now? what am i missing!

      (uggg! im going back online to check more pacer documents!)
      Im not an attorney or a trustee. You cant trust me either though!

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        #4
        it was not yet confirmed!!! he's been objecting to it, then my lawyer was supposed to meet with him in early november and now I get this, no call from my lawyer no nothing!! what will happen if it is dismissed? Can I appeal it, do I have to start over? what happens to the money I've paid in? I've been paying 890 since july and never been late, he said something about the payments not being enough and I went it and signed an addendum, but I have no idea what's going on

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          #5
          Your attorney should be able to let you know what the problem is-and he also should have forewarned you if there was something that MIGHT be an issue.

          Depending on your situation, you may be able to amend your plan. Without knowing why the trustee objects, its hard to say more than that.
          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

          Comment

            #6
            Originally posted by perefalcon
            it was not yet confirmed!!! he's been objecting to it, then my lawyer was supposed to meet with him in early november and now I get this, no call from my lawyer no nothing!! what will happen if it is dismissed? Can I appeal it, do I have to start over? what happens to the money I've paid in? I've been paying 890 since july and never been late, he said something about the payments not being enough and I went it and signed an addendum, but I have no idea what's going on


            What's the value of your non exempt assets? Will the 890 multiplied by 60 (53,400) cover the liquidation value of your non exempt assets? Maybe he searched and found your home (if you have one) has more equity then your thought. He probably feels the plan is not feasable. If it's more then enough, then not sure. As long as you pay back the liquidation value(what they would get if you filed a chapter 7) and paid ALL disposable income and paid on time then they wouldn't or shouldn't object especially since a percentage of the $53,400 that you are potentialy paying is a nice chunk of change for the chapter 13 trustee.

            Please give us more details so we can help.

            Comment

              #7
              You better stay ON TOP of your lawyer...... that's what you pay him for......
              Don't let your case get dismissed because of your lawyer's actions.....

              Minny
              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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