I converted to a 7 from a 13 in 10/2005. I was scheduled to discharge 3/6/2006. The chapter 13 trustee enterd a motion to dismiss the chapter 13 in 2/14/2006 for not making plan payments, which I just assumed was proceedural due to the conversion. On 3/5/2006 and order was entered dismissing my chapter 7 on the exact document filed for the motion to dismiss the chapter 13. could this just be clerical error? or did the chapter 13 trustee still have authority over my entire case?
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Unbelievable 13>7>dismissed>wtf
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Did you file pro se????
Did you not question the dismissal of the Chapter 7 on 3/5/06.
It is possible that you should have continued the payment plan until the Chapter 7 was enforced.....
Did you not contact the Trustee or attorney regarding any of this??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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Thanks for the reply.
Of course I filed pro se. I filed a 13 "blind" with a firm in 2003 and my case was dissmissed because they were only interested in collecting 2,500 I did not have. I never saw or spoke to the same attorney or paralegal twice. No one at this law firm would even answer a simple question. They would not even give me a straight as to answer what it ment when the judge said the case was dismissed without a bar. They only told me that they would be able to re-file the case immediatly for an additional 1,500 and that they were able to give me the discount because most of the work was already done. My financial situation only grew worse with these idiots. They began collection proceedures so I included them when I filed pro se a year later. If I had done the research and listened to my mortgage company instead of a lawyer, I would have great credit, a great mortgage rate, little debt, and no bk. Never go to a lawyer for financial advise!!!! There, I vented, can I say Their name?
The people that answer the phone for both the 7 and 13 trustee just give an automatic answer that they "cannot give legal advise". When I tell them that I do not wan't advise and that I only need a specific answer as to what happend, they did acknowlege that this is not legal advise, but they still don't know the answer and hang up.
I was able to contact the judges clerk and she was very helpful. She pulled my entire file and found exactly what I was talking about. She thinks it may be a clerical error but will find out for certain and call me back.
I'll report what happens when I find out.
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