Letter of dismissal...

[sassiebaz]

I just recieved a letter from the Trustee regarding our case. He has motioned for a dismissal(not sure if Im using correct terminology) and although I have been anticipating this I have a question. Its mid Feb. and I am eligible to file CH7 May 20th. What are the chances one of my creditors can/will successfully sue me in that time frame? Is there anything to worry about, since even if they do get a judgment against me, I will be filing ch7? Thanks!

[shark66]

I'm presuming that the Trustee is filing a Motion to dismiss your Ch. 13 petition...

If that's the case, I wouldn't be losing any sleep over creditors accomplishing much of anything by May 20th. The case has yet to be dismissed, creditors notified, then they have to decide whether to sue you...all of that takes time.

Why is your Ch. 13 case getting dismissed, if you don't mind me asking?

Good luck.

[sassiebaz]

We stopped making the payments....we knew we would be filing Ch7. soon and just didn't know how long it would take to have our case dismissed. By all accounts, this Trustee has been about six months behind on everything due to the overwhelming amount of filings over the past few years...

[olivies]

Its mid Feb. and I am eligible to file CH7 May 20th.

Is that just when you are going to be ready? Explain what you mean by "eligible". If your case is dismissed without prejudice, you would not have to wait to file ch7.

[sassiebaz]

Oh, we are waiting on the 8 year mark from our first ch7. Honestly should have not filed back then, but we did....and then the market crashed and we had CC debt for the first time in our lives.....