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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Angry Trustee Has Moved to Dismiss Bankruptcy for Failure to Pay

    My question involves bankruptcy in the state of: TN

    I am 5 months into my chapter 13 case and have been paying into my plan by payroll deduction. I was behind in my mortage, so that is included in my plan. I went to my confirmation hearing back in October 2009, it had been reset several times because my attorney failed to get some paperwork over to the trustee's office on time. Fast forward to now, I just got a letter stating that the trustee is filing to have my case dismissed because I failed to pay. What???? I've paid exactly $5,858.28 into this plan, what do you mean I failed to pay? It's payroll deducted, I don't get to TOUCH the money. Anyway, I called my attorney to ask what in the wide world of sports is going on? He says I haven't paid enough into the plan and I'm behind, he stated this as he was trying to rush me off the phone. After I got off the phone with him, I called the trustee's office. The paralegal I talked to said that my attorney should have filed a motion to have the mortgage advanced AND that my case hasn't even been confirmed. I feel as if I should go find another attorney because I was planning to convert to chapter 7 as soon as the mortgage was caught up. What to do??

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trustee Has Moved to Dismiss Bankruptcy for Failure to Pay

    If you haven't made the required payments then, automatic withholding or not, you haven't made the required payments. Is your attorney taking appropriate actions to remedy the situation? If not, yes, you can hire another attorney to assist you.

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