60th month Motion to Dismiss

[alorth]

We had to move out of state last December, with 4 months left on the plan. It involved giving up our old house through a surrender, which we had previously been paying outside of the plan.

We filed an amended plan, which was approved, and moved.

We have continued to make our payments every 2 weeks, on time. So far, we have payed well over $70,000 into this plan, a 63% payback.

Now, today, our lawyer emails us that the damned TT filed a Motion to Dismiss because we didn't submit a new I and J!!

Our lawyer told us not to worry about a new I and J because we were so close to being done!

Plus, we are having our taxes done now, and plan on sending them the refund, as always. This is the 5th refund they will get.

We have done everything right. Why is the TT being a jerk and bully, instead of just asking our attorney for the papers they would want??

[justbroke]

Do not worry about this procedural mishap. Your attorney simply contemporaneously files a new Schedule I/J with an objection to the motion to dismiss. Bankruptcy is very procedural. It is the Trustee's duty to make sure all the procedures are followed and the case is administered properly.

It's not being a jerk. It is procedure and some of them just do it by the book (period). It is not for the Trustee to walk an attorney through the process and call/email them every time they miss something. I even had an creditors attorney, in a writing, complain to the judge that I didn't tell them how to respond to a motion for sanctions, and this is a huge law firm that works out of one of those ivory towers (in a 50 story building downtown in a major city). Yes, at times it makes no sense that one attorney does not help another, but there is just no time to address all the mistakes. The easiest manner to do this, and have it on the record, is to file a motion. Entirely nothing wrong with that.

At one point my Trustee filed a motion to dismiss because I didn't turn in my tax return. That was quickly remedied. They didn't call me and remind me. The did not email me. They always just file the motion. Perhaps it would have been easier to mail/email/call, but my guess is that they just don't have the time and do not want to create any environment where everyone depends on reminders.

So... as your attorney said. Do not worry. This is entirely procedural. This is entirely corrected by merely filing the correct papers. Your attorney could even fight the motion and argue that a Schedule I/J is not necessary. Some argue that a new Schedule 22C (Means Test) is not necessary. It's always interesting.