Motion to dismiss!

[lookitsphillie]

I have a motion to dismiss for payments.

They want just a little more than I have right now, so I have a hearing date on the 10th.

What will happen if I send most of what they're asking?

Instant dismiss? How much more time can I expect the judge to give?

[bkbiker]

Sorry to hear about your troubles,

What month are in?

Can you ask your attorney to file a modified plan, so that the payment will be part of future payments or added at the end if you are less than 60 months?

I don’t usually recommend calling the trustees’ office, but if your case is headed for dismissal; this might be an option

Take care,
Bkbiker, 58 months served now

[aa06a47]

I have a motion to dismiss for payments.

They want just a little more than I have right now, so I have a hearing date on the 10th.

What will happen if I send most of what they're asking?

Instant dismiss? How much more time can I expect the judge to give?

You will have ZERO time when you go into the court. The judge will give his decision and it will be final. He won't say, pay 100 to the trustee by this date and you'll be OK.

Try your best to catch everything up prior to going to court. If your current, the judge will probably let you continue.

After that, you may need to seek modification of your plan. I would think based on fuel cost increases there will probably be alot of that going on.

[lookitsphillie]

I'm six months in.


What are the odds the judge will throw the case out?


Panic time.....

[aa06a47]

Stories I have read, the odds are pretty good the case will be dismissed. I don't wish to scare you, you don't need that.

If there is no way at all to pay the trustee by the due date / court date, you really need some good reason behind it along with a plan on how to catch up.

Did you file pro-se, or do you have attorney representation?

One thing I would do if it were me, and assuming you don't have an attorney. That would be, propose a "catch up" plan of x dollars per month extra for the next 3 months (don't make it too long) and then would throw out the offer to have the court issue an order to take the money directly from your check.

That idea would at least prove you are offering a catch up in good faith.

[lookitsphillie]

I have an attorney.

I am express mailing the amount listed in the Motion to Dismiss.


Hopefully the trustee will withdraw.

Hearing is July 10th.

[bkbiker]

Hi,

That’s a good move; the one thing we chapter 13 ners have to do is make our plan payment.

I would think the trustee now will terminate the hearing, for it is generally in the creditors best interest for you to stay in chapter 13

Take care,

[lookitsphillie]

I sent the payment to PO BOX 1839 Memphis, but the USPS express mail says delivered to SUNTRUST BANK?!??!

PANIC TIME?

[helpless]

Don't worry, I found out last month that my trustee's payment goes to an independent company (could be a bank) to be verified and scanned. That is why they are always showing my payment after it has cleared my bank.