Dissmissed case what to do now?

[chellyalb37]

Hello all,

I have tryed to post before but I was so upset that I rambled on and made no sense. So I will try to make sense this time hopefully.

I found out yestarday that our chapter 13 was dismissed for a missed payment. Well the payment in question I did contact my lawyer and told them and asked them to do about the payment. I was told that they would look in to it.Reason for payment being missed I had emergency surgery that month and was very ill. I thought I was was doing a good job of keeping the bills up but, guess not so much. Got a call back from the lawyer and they told me that I had been over paying and all I had to do is send in a small payment so I did just what they told me. But know the case is being demissed or has been dismissed. Called back and asked what was going on. They told me well it your fault and you need to talk to your lawyer about this. I explained to her that I called her asap about this payment and it was taken care of. But not so much what do we do know? I have been reading online and have found out that we can refile for chapter 13 again in 180 day. But what happens to the house and car and the bills in the time frame? We will lose every thing. The mortgage company is already call us which they have not called since 2006 when we filed. What to do? I hope I was better at posting this time and some one can help. Sorry for the bad post last time. Thanks Chelly

[rrockinggramma]

do you have a pacer account? I am surprised that the trustee dismissed for just 1 missed payment. Usually the trigger is 2. However, if you are dismissed for non payment SELDOM is there a 180 day waiting period. So I would hightail it right into the attorney's office and get this refiled asap. You might lose the auto stay after 30 days but hopefully your attorney will file the motion to get it extended. But I would just call the attorney, I would wait in his office until he can actually see you and you can get the particulars and accurate information. Also take all of your new bills. You can include everything in this new case. GL

[bkdone]

I have posted before about the missed payment drama that I went thru with the Trustee. I got a letter saying that I had missed 3 payments and they'd give me 30 days (may have said 20 days...) to bring it current, or they'd file a motion to dismiss. I cannot understand why they would dismiss you after only 1 payment...something is wrong here!!!

Of course the minute I got that letter I pulled out all of my receipts for the money orders (MOs) that I had purchased and sent certified to the Trustee. I had made all of my payments except the one that was due for that month...basically I was current on making my payments.

I looked on PACER to see that 2 payments had not been posted. When I called the Trustee's office, the assistant confirmed that they had not been received. But remember, I had sent them certified. I also called the MO company and verified that the MOs had NOT been cashed. So basically the Trustee had the payments but was not posting them to my account, and was now threatening to dismiss me.

I provided a letter to the Trustees office with the copies of the MO receipts and certified mail confirmations. About a week later, the MOs miraculously appeared on PACER, and I got a letter saying that they had squashed the request for dismissal. When I called the Trustee's office to ask what had happened, they said that they had been "holding" the payments because the MO's looked 'suspicious.'

At that point I was done with the Trustee, done with the whole Ch. 13 BS, and done with holding my breath each month to see if payments were going to be posted...etc. I was DONE...hence the moniker: BKDone

I cant say enough... Check PACER regularly and keep a close eye on your payments. Make sure everything is posted promptly, and keep your receipts organized and at the ready. And, if you mail in your payments, make sure you send them certified. It's money well spent and that little bit of insurance really paid off for me.

Good luck in your CH. 13 fight. You should see if you can have the BK reinstated, especially if they dismissed you in error. You should have been noticed about the initial request (their intent) to dismiss you. Dismissal is more than one step...

[chellyalb37]

Hello,

I have spoke to my lawyer and he said he would talk to them about it. No I don't look at pacer but I do look at National data center it says dismissed. When I spoke to the lawer last night which it doesn't make since to me so I will try my hardest to explain. Well back in January we had to go to court to prove that we had been making the payments which we proved to them we had made all the payments but, we had been told by our lawyer to pay one amount and the trustee was counting on another amount.So why we where in court our lawyer and the trustee where laughing at our lawyer stupid mistake nice huh. So we won that battle becuase of the lawyer's stupid mistake. So she explained that had something to do with it. Makes no since to me at all. So know we are waiting on her to get back to us. It is really nice now the trustee and lawyer can mess with peoples lives. I know we put ourselves in to these stops but all this stress needs to stop.There has to be a point when things get better. thanks all

[rrockinggramma]

so to the court, you have only been making partial payments. This might be able to be resurrected but by now the creditors have also received notice and the calls will begin again. If I were you, I would simply refile and start over. You might want to consider a different lawyer.

[chellyalb37]

No we where paying what our lawyer told us to pay back in January But, the lawyer messed up with the payment. So when we showed that we had been making the payments the trustee drop it and every thing was good again. Our trustee thought the whole thing was funny we did not. So now we got in the mail yestarday we got in the mail that the case was dismissed no notice or any thing. We already have got calls from creditors. We where told yestarday that we have a 30 day window before they are suppose to call. Also we found out today that we where on a 6 month where we could not be late at all. We never knew about that at all. Also you think when I called them and asked 3 weeks ago about our payment that they would have told us that. But no they told us we where good and we have overpaid for the last 5 months and we only had to pay a small payment so we did. It is so upsetting that they can play with our lives like this. We are so confused by this whole thing, so I guess we will end up lossing every thing after working so hard to keep what we have left. Thanks again

[AtWitsEnd]

Just curious, what do you mean "you were on a 6 month where you could not be late at all"? Not sure what you mean.

[rrockinggramma]

usually when you have missed payments and the trustee threatens to dismiss the court will put you on "probation" and you have to prove to the court that you won't mess up again. That is why there was no hearing this time for the OP because there had already been a hearing. I believe that the issue was just lack of communication where the attorney didn't say to the OP "now don't be late again" etc However in the OP's case as well, I believe there was confusion as to what and how much the payment was suppose to be. But the OP can refile immediately. But I would recommend a new attorney that is clear and explains everything to him/her

[chellyalb37]

We found out yestarday that we had to pay our trustee payment on time for 6 months. We did not know that because when the 1st time they tryed to dismiss our case back in Janaury but, we won that one and we where good to go. Now they have just dismissed the case Becuase of our lawyer.

[chellyalb37]

Ya but if we when we refile, since we aren't going to win this one even though we paid and everything and had done every thing the lawyer said to do and have gotten screwed. We will have to refile and have to go through the mean test again. So they can take every dime again. Great wonderfull! Also we have to pay that great lawyer another 3500.00 plus the money that we did not finish payng him and so another 5 years after paying for 2 years. So basically we will not be able to pay for our kids college and never get a vaction or be able to even buy them clother ( every one has holes in there shoes and needs clothes really bad in our family)or any thing nice and hope that my husband doesn't loss his job for another 5 years. So another 5 years of having no money to do any thing or buy any thing or be able to save a blooding dime. Great because of our lawyer. hum may be he should pay not us? How do they get away with this? We did every thing right and we are getting screwed! Great ! So another 5 more years of holding our breath and being stressed out. Great

[AtWitsEnd]

Oh I understand, ty for explaining. This just seems so wrong chellyalb37. Hopefully your lawyer can get this straightened out for you. Best of luck.

[rrockinggramma]

do you qualify for a chapter 7? Did you only file a chapter 13 to save your home? Perhaps a refi with FHA secured would help that situation and file a chapter 7 for the rest?

[chellyalb37]

Do not think so spouse makes to much. We still are wait to find out what to do. We are already having creditors calling and every thing. It was only dismissed last Friday. This is so upsetting.

[rrockinggramma]

I would immediately begin again and I wouldn' wait. Start gathering up all of the information you will need. If your attorney won't refile for you then you need to be searching for another one.

[hughthehand]

I have been having all my payments posted late. The last one I sent next day delivery, got proof of delivery-on time. It didn't post till three days later. The payments are being picked up at a P.O box by someone at a Suntrust bank. I think they sit on my money over the weekend to draw interest.