QUESTION
Do I still need to file the motion to object the dismissal with the courts?
Asked on May 03rd, 2013 on Bankruptcy - New Jersey
More details to this question:
I received a notice of a motion to dismiss my chapter 13 bankruptcy. I missed two payments, one from over a year ago and one recently. I immediately caught up and I'm current with my payments within one week of receiving the letter. I do not have an attorney.
12 ANSWERS
You should call the Trustee's office at 503-972-6300 and confirm that they received your payments. If they did, ask that they withdraw their motion to dismiss.
Answered on May 08th, 2013 at 3:11 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Please understand that chapter 13 bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on May 06th, 2013 at 11:46 AM
I would suggest contacting your trustee just to be sure you are both on the same page and that a mistake doesn't happen.
Answered on May 06th, 2013 at 11:46 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes and get an attorney.
Answered on May 06th, 2013 at 11:45 AM
Bankruptcy Chapter 7 Attorney serving Boston, MA
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Conner Law Offices
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You need to file an objection to the motion to dismiss. Your objection being that you are current with your payments. If you don't your case may be dismissed. If you do, the Trustee may withdraw the motion to dismiss.
Answered on May 06th, 2013 at 11:44 AM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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Call your trustee. S/he may withdraw the motion now that you are caught up.
Answered on May 06th, 2013 at 11:44 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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I would still object to the Motion to Dismiss. If the Trustee withdraws the Motion, then your hearing and objection will also be withdrawn (typically). Call the Trustee's office to find out if they will withdraw it, but file something with the Court so the Court knows you are paid in full.
Answered on May 06th, 2013 at 11:43 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Contact the Trustee. If they are unwilling to withdraw the motion then yes you would have to object. Be sure you get a confirmation that the withdrawal of the motion was filed.
Answered on May 06th, 2013 at 11:42 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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File an Objection to the Motion to Dismiss, call the trustee or check your account online to see if the payments were received, and attend the court date that will be set by the court.
Answered on May 06th, 2013 at 11:42 AM
Glen Edward Ashman
Chapter 13's almost never work without lawyers. That means get one now. Do not attempt to fight the trustee in court pro se. The odds of success that way are near zero.
Answered on May 06th, 2013 at 11:41 AM
Deborah F. Bowinski
You can contact the chapter 13 trustee and ask whether they will automatically withdraw the motion, but the safest course of action is to file a response before the deadline.
Answered on May 06th, 2013 at 11:41 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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First, you should have counsel. Second, yes, you should file the opposition showing that the payments were made.
Answered on May 06th, 2013 at 11:41 AM