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    New Attorney-Question about Dismissal

    My prior attorney was HORRIBLE and wouldn't help me when I couldn't afford my Ch. 13 payments any longer. I found a new attorney but I'm still trying to get his retainer paid off before he can file papers to convert to a Ch. 7. In the meantime, I'm expecting a notice of dismissal any day. If one comes before I get the attorney paid off, can he do anything? Or will I just be dismissed?
    Filed: January 26th
    341: March 7th
    Last date for objections: May 5th
    Discharged: May 13, 2008

    #2
    have you gotten any kind of notice in the mail yet from the trustee's office, meaning if you have been late with payments, have you been notified of that yet. USUALLY what happens is your notified, have so many days to clear it up, if you don't the trustee goes for a motion to dismiss but the judge is the one who dismisses it. you have a hearing about the dismissal. they just don't "dismiss" that's what my lawyer said. you do have a chance to state your case before the judge. i'm not a lawyer, i'm just telling you what my lawyer said, they always have to have a hearing if they dismiss.
    12/19/06 Chapter 13
    1/22/07 341 Meeting
    3/5/07 Confirmation Hearing Continued
    6/28/07 CONFIRMED!

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      #3
      Originally posted by wooisme View Post
      have you gotten any kind of notice in the mail yet from the trustee's office, meaning if you have been late with payments, have you been notified of that yet. USUALLY what happens is your notified, have so many days to clear it up, if you don't the trustee goes for a motion to dismiss but the judge is the one who dismisses it. you have a hearing about the dismissal. they just don't "dismiss" that's what my lawyer said. you do have a chance to state your case before the judge. i'm not a lawyer, i'm just telling you what my lawyer said, they always have to have a hearing if they dismiss.
      Thank you for your response. No, I haven't gotten anything from the trustee. I emailed my new attorney and he responded yesterday and said if I do get a notice he can go in front of the judge and explain the situation and the judge will most likely give me time to get the attorney paid off. I just figured they would dismiss the case since I haven't made a payment since September. I did write a letter to the trustee explaining that I had to get another attorney. Maybe that is why I haven't received any letters from him?
      Filed: January 26th
      341: March 7th
      Last date for objections: May 5th
      Discharged: May 13, 2008

      Comment

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