Help! Trustee's Motion to Dismiss Ch. 13
Hello ~ I need some advice - in checking on Pacer look's like my Trustee just filed (yesterday) a motion to dismiss my Ch. 13 case - I filed 9/05.
Reason - Failure to turn over all disposable income to the Ch. 13 plan. The plan provides that debtor will pay all disp incom into the plan. Schedule I states that debtor gross income is $30K,per year. The income tax return for 2005 indicates gross income of $36, for additional gross income of $5K. The actual net income for 2005 was $28K. This equates to additional disposable income of $4K. This would allow for a plan payment of $1,300 per month and 100% payment to unsecured creditors.
Whereas, Trustee respectfully prays - that courts order dismess debtors ch. 13 case, and Court grants such other relief as it finds just and equitable.
I really don't understand this. When I turned in my tax returns for 2005 I ended up owing on all to all 3 - Fed, State and local - because something was over/under estimated - I didn't have enough taxes taken out- I was layed off in 2005 and I was receiving unemployment at that time - there was an overpayment -Reason - I also had somewhat of nervous/mental breakdown and didn't make some wise choices in some things I did - so my memory is a little bit sketchy - so that may have been under estimated and My attorney at that new of this. That was then.
When I turned my tax returns into the Trustee and gave my copies to my Attorney - I advised both of them that there would be no refund - and that I was in fact, paying to the Federal - State - and Local levels for not having enough taxes taken out.
In fact shortly after turning my W2' and return's in to the Trustee (by certified mail, mind you) - to the Trustee's office by their set deadline they went ahead and filed a Motion to Dismiss last year stating they hadn't received my tax returns and W2's when in fact they had - I contacted their office and my Attorney - and they had to retract the Motion to Dismiss.
That was then - this is now a year later - I have a new Trustee now - and they are getting caught up with all the cases they have received - but why my case - I thought all the adjustments had been made accordingly?
I now have a new Attorney - as my old aargh attorney is no longer handling Ch. 13. Sorry so long.
Is there any way to save this? I have been in my house for ten years, I can't lose this - I have no where to go - I have family - but not at point that I can live w/them - I also have several pet's that have no where to go. My mortgage is included in my Ch. 13 - the Trustee pays it from my Ch. 13 along with my car payment. My health is not so great - but I am still able to hold a full-time job, and make the plan payments.
It looks like their saying there is almost an additional disposable income of about $4,700.00 leaving and allowable plan payment income of about $1300 to 100% payment to unsecured creditors - when they are looking at the 2005?
It is now 2007 and thing have changed. I have a new job - they just did a modified a plan change about 5 months ago. I don't understand why this is happening. I just met with my new attorney 2 weeks ago - and we talked about my plan and things that happened - (I think he used to work for the Trustee's office), and we talked about tax returns - and what happened w/the 2005 ones - so I'm not sure if he had something to do w/this or not. When I met with him I gave him information I received from the Mortgage company as my Mortgage is going up because I am on a ARM, and information on my Winter taxes - he was going to forward that to the Trustee.
Can you convert to a Chapter 7 - Can you convert to a 7 from being 13 from the old laws? If your 13 is dismissed can you refile, and can you refile w/in the old law? How long do you have to wait? - if you have equity? Can you not lose your home and car when coverting to a 7? If I have to convert to a 7 and possibly lose my home - Can I have a friend or relative buy my home so I don't lose in foreclosure - I have to much invested here. For a mental health standpoint - If this Motion goe's thru - everything is gone for me.
I'm sorry if I'm venting - I just don't know what to do. I told my attorney back in to 2005/early 2006 about this tax situation and that extra return from unemployment we forgot to report to the Trustee - and he said that as long as it was on the return as reported as income - it wouldn't be a problem - I believe this is what the Trustee is questioning as the extra income not being reported - but it was on the tax return - When I filed I thougth this was all included to. I am usually on top of things - I don't understand - why didn't I see this? Probably the meds I am on.
Please anyone please help me out here. Right now I am dealing with a medical condition - that I am not supposed to have any extra stress after I have treatments for - and I'm trying to remain calm - but it hard. I have a family member I can talk to - but they are fussing over my health right now - and I don't want to cause them any extra worry. I know I asking lot's of questions, and won't have any actual answers until I speak w/my atty next week - but I am looking to rest a little easy over the weekend.
Thanks for any suggestions....
Reason - Failure to turn over all disposable income to the Ch. 13 plan. The plan provides that debtor will pay all disp incom into the plan. Schedule I states that debtor gross income is $30K,per year. The income tax return for 2005 indicates gross income of $36, for additional gross income of $5K. The actual net income for 2005 was $28K. This equates to additional disposable income of $4K. This would allow for a plan payment of $1,300 per month and 100% payment to unsecured creditors.
Whereas, Trustee respectfully prays - that courts order dismess debtors ch. 13 case, and Court grants such other relief as it finds just and equitable.
I really don't understand this. When I turned in my tax returns for 2005 I ended up owing on all to all 3 - Fed, State and local - because something was over/under estimated - I didn't have enough taxes taken out- I was layed off in 2005 and I was receiving unemployment at that time - there was an overpayment -Reason - I also had somewhat of nervous/mental breakdown and didn't make some wise choices in some things I did - so my memory is a little bit sketchy - so that may have been under estimated and My attorney at that new of this. That was then.
When I turned my tax returns into the Trustee and gave my copies to my Attorney - I advised both of them that there would be no refund - and that I was in fact, paying to the Federal - State - and Local levels for not having enough taxes taken out.
In fact shortly after turning my W2' and return's in to the Trustee (by certified mail, mind you) - to the Trustee's office by their set deadline they went ahead and filed a Motion to Dismiss last year stating they hadn't received my tax returns and W2's when in fact they had - I contacted their office and my Attorney - and they had to retract the Motion to Dismiss.
That was then - this is now a year later - I have a new Trustee now - and they are getting caught up with all the cases they have received - but why my case - I thought all the adjustments had been made accordingly?
I now have a new Attorney - as my old aargh attorney is no longer handling Ch. 13. Sorry so long.
Is there any way to save this? I have been in my house for ten years, I can't lose this - I have no where to go - I have family - but not at point that I can live w/them - I also have several pet's that have no where to go. My mortgage is included in my Ch. 13 - the Trustee pays it from my Ch. 13 along with my car payment. My health is not so great - but I am still able to hold a full-time job, and make the plan payments.
It looks like their saying there is almost an additional disposable income of about $4,700.00 leaving and allowable plan payment income of about $1300 to 100% payment to unsecured creditors - when they are looking at the 2005?
It is now 2007 and thing have changed. I have a new job - they just did a modified a plan change about 5 months ago. I don't understand why this is happening. I just met with my new attorney 2 weeks ago - and we talked about my plan and things that happened - (I think he used to work for the Trustee's office), and we talked about tax returns - and what happened w/the 2005 ones - so I'm not sure if he had something to do w/this or not. When I met with him I gave him information I received from the Mortgage company as my Mortgage is going up because I am on a ARM, and information on my Winter taxes - he was going to forward that to the Trustee.
Can you convert to a Chapter 7 - Can you convert to a 7 from being 13 from the old laws? If your 13 is dismissed can you refile, and can you refile w/in the old law? How long do you have to wait? - if you have equity? Can you not lose your home and car when coverting to a 7? If I have to convert to a 7 and possibly lose my home - Can I have a friend or relative buy my home so I don't lose in foreclosure - I have to much invested here. For a mental health standpoint - If this Motion goe's thru - everything is gone for me.
I'm sorry if I'm venting - I just don't know what to do. I told my attorney back in to 2005/early 2006 about this tax situation and that extra return from unemployment we forgot to report to the Trustee - and he said that as long as it was on the return as reported as income - it wouldn't be a problem - I believe this is what the Trustee is questioning as the extra income not being reported - but it was on the tax return - When I filed I thougth this was all included to. I am usually on top of things - I don't understand - why didn't I see this? Probably the meds I am on.
Please anyone please help me out here. Right now I am dealing with a medical condition - that I am not supposed to have any extra stress after I have treatments for - and I'm trying to remain calm - but it hard. I have a family member I can talk to - but they are fussing over my health right now - and I don't want to cause them any extra worry. I know I asking lot's of questions, and won't have any actual answers until I speak w/my atty next week - but I am looking to rest a little easy over the weekend.
Thanks for any suggestions....
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