QUESTION
What are my options if my attorney did not notify me that my bankruptcy case was dismissed for not receiving tax return documentation?
Asked on Nov 23rd, 2013 on Bankruptcy - Colorado
More details to this question:
My Chapter 13 case was dismissed for not receiving documentation regarding tax returns. What are my options now? There was a major error made by my attorney by not notifying me about my dismissal. Can the case be reinstated?
8 ANSWERS
Richard hirsh
Providing tax returns is mandatory and failure to do so is a basis for dismissal. It is unlikely you could revive the case. But you can file another case and then seek to have the automatic stay extended. You might also consider asking the bankruptcy court to require the original attorney to refund any fees or costs that you incurred.
Answered on Nov 26th, 2013 at 4:03 PM
2 Awards
Normally the trustee sends out a "trustee's directive" to the attorney and the debtor making a demand for turnover of the tax return and any refund. The trustee would also send out a copy of the motion to dismiss and the notice of hearing on the same to debtor's attorney and the debtor. So I am surprised that you say you didn't know about the issue. If your address has changed you should file a change of address with the clerk of the court to assure you are getting notices. In any event, you may file a motion to set aside the order of dismissal if you are within the time frame to do so, (10 days from entry of the order of dismissal), or you may refile another Chapter 13. However, if you refile a new case you have to start over.
Answered on Nov 26th, 2013 at 4:02 PM
1 Award
You can file a motion to reinstate the bankruptcy. You would want to send complete copies of the tax refunds to the trustee first. The trustee would have sent you a motion to dismiss the case 30 days before dismissal, so it is difficult to say the attorney made a mistake. You should also note that the trustee told you during the first meeting of creditors to provide copies of the returns each year. You should explore your options with a new bankruptcy attorney before filing a motion to reinstate the case.
Answered on Nov 26th, 2013 at 4:01 PM
David Thomson Egli
You probably need to get a new attorney and file a new case. Most judges will not reinstate the case just because required documents were not filed timely. Also, many of the Chapter 13 trustees send out what is required to both the attorney and debtor to avoid the debtor being able to blame the failure on the attorney. Without knowing, though, which court your case was filed in, the judge hearing your matter, the chapter 13 trustee assigned to your case, and what was stated in the order of dismissal, it is impossible to determine what options are available to you.
Answered on Nov 26th, 2013 at 4:01 PM
3 Awards
There is the possibility to attempt to reinstate the case if you move promptly. An order can be set aside on a motion filed 14 days after the order if you have a solid reason the order was wrong. You will need a new attorney. I hope you work this one out.
Answered on Nov 26th, 2013 at 4:01 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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It can probably be reinstated. I would look for a better attorney.
Answered on Nov 26th, 2013 at 4:01 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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The ultimate question is whether or you your attorney had the tax information. If he had it, yes, I would think you would have grounds to reinstate your bankruptcy. Whether it is reinstated or not, you have grounds for a bar complaint. If he did not have it and did not ask for it, then the fault is again on him. But most jurisdictions have a tax order, which make it very clear the tax returns and refunds are to be turned over. This is a factual question and I just do not have enough facts. It all depends on whose fault it is.
Answered on Nov 26th, 2013 at 4:00 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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The case can and probably will be reinstated as soon as the taxes are submitted. In fact your attorney has probably already submitted them. I would make sure he or she has complied and wait for the case to be reinstated. You should be fine.
Answered on Nov 26th, 2013 at 4:00 PM