No Notice of Annual Post-Petition Assessment Hearing, Case Dismissed

[BARRISTER02]

My question involves bankruptcy in the state of: FLORIDA. First, I apologize--This posting has way too many figures--and NO spell-check--sorry--but I did not know any other way to ask for help but to list them all...)

I am a woman, age 70, who filed Chapter 13 January, 2012, for the SOLE purpose of saving my home of 30 years, my ONLY asset, which is valued at 700K, (I am current and never late on a 30-year mortgage, and no credit card debt) The filing included 30K in past divorce-related maintainence fees, and a previous foreclosure of HOA pre-petition property assessments of 5K, plus costs=16K. Schedule required I keep current with MONTHLY association assessments, which I paid.

Attorney did not provide me with any type of notice of a June, 2012 hearing for an ANNUAL post-petition property assessment bill for a new 2K , due February, 2012. At this hearing, MY CASE WAS DISMISSED. ( I did forget this bill which was mailed in late November, 2011.) I did not even know of the dismissal until I received notice FROM THE TRUSTEE, NOT from my attorney, whom I immediately sent questions as to why in the world he had not sent any notice of this hearing to me, along with proof that I had the 2K funds for the ANNUAL payment. He never responded.

Subsequently, I learned from a retired paralegal friend, and others, (who thinks my attorney has planned to buy my home at the sale...) that my
700K home IS BEING SOLD AT AUCTION ON JULY 31, 2012 for the previous 16K pre-petition assessments!! My friend has suggested I contact the Trustee, who she thinks is a "quasi-advocate" for me. The Trustee website says they do not offer legal advice.

I am sad and sick at heart with two weeks until the sale, and honestly do not know WHAT TO DO NOW OR TO WHOM TO TURN TO FIGHT THIS DISMISSAL--OR--DO I HAVE CAUSE FOR REINSTATMENT??

Do I, and where, try to find another--good--bankruptcy attorney? Ask the trustee? WAS I even ENTITLED TO RECEIVE NOTICE OF THIS HEARING FROM MY ATTORNEY?? If I had been notified, I would and could have paid the 2K, without the now-resulting dire consequences.

I deeply appreciate any advice for my devastiating situation, and thank all of you in advance for your consideration. (Forgive any misspellings--this otherwise great site, sadly, does not offer Spell-Check, which I needed...unless you download a THREAT-FUL aid...) Kind and blessed regards--

[Mr. Knowitall]

Retain a new lawyer first thing Monday morning. This isn't a self-help issue.

[BARRISTER02]

Just to thank you for what is obviously respected advice, as your neat, clever name implies, as I see your replies everywhere.

I am assuming you are suggesting ANOTHER bankruptcy attorney? Since our town of 20K has limited, yet extremely long-time, close-knit legal advisors who refer only to each other, as in my orininal case, finding someone realiable in a near-by town seems like another gamble, only this time an 'unreferred' roll of the dice, as it were. If you will suggest how to seek reliable representation, I would be very, very grateful.

If you please, why did you say this is not a self-help situation? I certainly did not think that my concern was self-help; I only sought, as I thought others were, to find out if my problems and their outcomes were something I had to accept or if there might have been something worth fighting for, some irregularities or even any illegalities at issue, what and why they might be, and if so, which and why I should pursue new counsel or the trustee. I honestly did not realize this site was only for those seeking 'self-help' advice.

Have a blessed day, Mr. Knowitall, and many thank yous again for your time.

[Mr. Knowitall]

You stated,

I did not even know of the dismissal until I received notice FROM THE TRUSTEE, NOT from my attorney, whom I immediately sent questions as to why in the world he had not sent any notice of this hearing to me, along with proof that I had the 2K funds for the ANNUAL payment. He never responded.

So when you ask,

I am assuming you are suggesting ANOTHER bankruptcy attorney?

In order to get help from a lawyer, he has to be willing to talk to you and represent you. If you can find a way to work with your former lawyer, great. If not, then you need a different lawyer.

If you please, why did you say this is not a self-help situation?

Because I very much doubt that you're going to be able to extricate yourself from the situation, even less so in a timely manner, without the help of a lawyer.

Lots of people who post here think that we can provide miracle cures for any legal problem, and if you look at some past threads you'll likely find examples of people getting indignant when told that they should consult a lawyer. It's good to know that you're not one of them.