i recieved a letter of dismissal of my bankruptcy from the trustee thru my attorney stating that the reason for dismissal is that i owe 1400.00.the payment schedule was set by the court and is taken directly from my payroll check.i cannot get my attorney to call me back to see what my options are
A dismissal of bankruptcy means you are no longer in bankruptcy and did not receive a discharge of debts. Thus, you still owe the balance remaining to any of your pre-bankruptcy creditors and if you were curing a default on your mortgage, the default is still there and they can now foreclose.
Your options now are to either file a Motion for Reconsideration or to Set Aside the Dismissal if you have appropriate facts to do so (which you might), or file a new Chapter 13 case.
A lot of times claims are filed which need to be paid in full, so the payment you were originally making might not have been sufficient to cover all the necessary claims. Without reviewing your entire case file I couldn't tell you what the situation is in your case. Your attorney should have been monitoring that and taking steps to modify your plan payments if necessary. But I'm just speculating as to what may have happened.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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