Best thing you can do and this won't be easy (because the attorney can't take any money from you to help in an existing chapter 13) is to retain one willing to step into a case to help. Self represented Chapter 13 cases that successfully confirm are the exception (in Central District of California the rate of successful confirmation is 1%, better than winning the lottery but still bleak). It sounds like maybe there is a problem with your Plan, maybe you failed to propose a Plan that includes bringing current pre-petition past due payments. I can only speculate without looking at your case. Typically, if the Plan is good and all that has happened is that the debtor has failed to make post petition mortgage payments is that the lender will file a motion for relief of stay, not file a motion to dismiss the entire case. A motion for relief of stay could be successfully opposed provided the debtor can propose to 1) make regular mortgage payments 2) make regular chapter 13 payments 3) and make an adequate protection order payment to cure the post petition default. However, I fear there may be more going on here. Maybe it's the Trustee that is moving for dismissal and you just don't understand who is doing what. Please get professional assistance. Too much at stake, no.
Answered on Apr 29th, 2013 at 12:56 AM