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Uh-oh. Atty failed to file on time after notice to dismiss

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    Uh-oh. Atty failed to file on time after notice to dismiss

    They say they should be able to fix this thought.

    We have a STELLAR repayment record, but this year the Trustee accounting office made a mistake while reviewing our record and sent a notice to dismiss if we did not bring the plan current.

    You see, just like last year, our tax refunds exceeded $1000 - so we made plans to pay the overage by Jun 30, as required. We paid by mid-June.

    BUT, someone in the Trustee office called my husband and asked what it was for!!!

    He doesn't managed our BK repayment, so he called me. I brought him up to date, but speculated that maybe the Trustee office had determined it was not owed.

    He called them back and said that if it is not needed, then go ahead and send it back.

    The ledger reflects the receipt of the overage in June, then a negative of when they sent it back, then a shortfall of the same amount on the same day in August at the end of the ledger.

    Well, apparently someone reviewed again, and sent us notice that we were late and to pay by Sep 14. I called our atty to ask - they said they knew how to file for it.

    Then, according to them, an internet glitch prevented timely filing (night of 14th).

    They tell me that since we are always on time every time and since it was their office's error in the first place, that a motion to not dismiss and agreement to pay the balance should be approved by the judge.

    Should I worry yet? She said it may take up to 2 weeks.
    Ch13 filed 10-16-08
    341 meeting 11-21-08
    Repayment plan meeting 12-19-08

    #2
    I'm not a lawyer but it sure seems like you shouldn't bear the responsibility for their oversight.
    Yea on your good repayment history because things like that do make a difference.
    I wouldn't worry if I were you and it seems like the trustee is aware that they goofed and wants to make it good!

    Comment


      #3
      Don't know that the trustee is aware of the goof in his office yet, but our atty plans to use that goof up and our diligent repayment history to get us re-instated in our plan.

      Geez. Just one year left!
      Ch13 filed 10-16-08
      341 meeting 11-21-08
      Repayment plan meeting 12-19-08

      Comment

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