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Trustee motion to dismiss but lawyer is dropping the ball. Options?

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    Trustee motion to dismiss but lawyer is dropping the ball. Options?

    Hello all,

    Trustee filed a motion to dismiss due to my plan not having enough funds. Official letter said court date is October 2nd and response must be received by 5 business days before or they proceed with motion. My lawyer has been totally unresponsive to me on this. E-mails, phone calls, and one impromptu visit on the doorstep only gets that she is still working on it.

    All it requires is a simple plan modification to raise the amount of the payments and this would be done. I don't understand it. So, anybody have any ideas as to what I can do if she doesn't have the amendment by the proper time? I obviously can't fire her and while a complaint to the bar would be forthcoming, that doesn't help my case for now.
    May 2008: Filed Chapter 13
    Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
    Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

    #2
    well why not draft your own letter to the trustee. Usually trustee's ignore such letters when you are represented by counsel but maybe you could just say that your attorney has been unresponsive to you about this and you don't know what to do other than propose your own payment.

    Calling the trustee usually only gets "contact your attorney" but if you copy this to your attorney maybe you would get some kind of reply.

    I hate last minute deals. This means your info has to be on file by Friday for your case NOT to be dismissed.

    Comment


      #3
      Originally posted by rrockinggramma View Post
      well why not draft your own letter to the trustee. Usually trustee's ignore such letters when you are represented by counsel but maybe you could just say that your attorney has been unresponsive to you about this and you don't know what to do other than propose your own payment.

      Calling the trustee usually only gets "contact your attorney" but if you copy this to your attorney maybe you would get some kind of reply.

      I hate last minute deals. This means your info has to be on file by Friday for your case NOT to be dismissed.
      I hate last minute details too which is why I have been being a total pest the past few weeks. Waiting to the last minute for something that can get my case dismissed (and a possible stay removed on my home) is crazy when it can be solved in a short time.
      May 2008: Filed Chapter 13
      Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
      Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

      Comment


        #4
        Lawyer says she asked the trustee for more time to respond. I guess i'll keep an eye on PACER and maybe the judge has a docket I can see.
        May 2008: Filed Chapter 13
        Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
        Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!

        Comment

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