What can I do if my chapter 13 is being dismissed and my attorney misadvised me?

Talk to your attorney about the situation and see what he recommends. The trustee does not dismiss the cases, the judge does. Try to work something out with the Trustee, like additional payments to make up any shortfall. Look at the plan that you signed and see what it says. The court will assume when you signed it that you had read it and understood it.

Replace your attorney and sue the attorney for malpractice.

Make an arrangement with your trustee to repay the money you owe from the tax refund by filing an amended plan. Or see if you can qualify to convert to a Chapter 7 instead. The amount of money involved is relatively small and shouldn't be that difficult to accomplish.

Pay the trustee the $1000 if it is not too late.

You can try to work something out with the trustee. You should also retain a new attorney. Make sure they are an experienced chapter 13 attorney. Here is some basic information about bankruptcy and hiring counsel. Please understand that bankruptcy is a very complicated process. A chapter 13 is extremely complicated. Therefore, it is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.