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Trustee Trying to Dismiss My Chapter 13 Bankruptcy

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  • Trustee Trying to Dismiss My Chapter 13 Bankruptcy

    I filed for chapter 13 in October 2005. I fell short on making my November mortgage and recieved a motion to lift stay from my mortgage company in December. I caught the note up and had to do a plan modification for the attorney fees. I was communicating with the mortgage rep thathandles my account and he agreed to a 6 month payment plan for the attorney fees. he then emailed his attorney and my attorney with the arrangements we discussed. I then received a phone call ( the first one I received from them after geting the motion) telling me not to arrange anything, they would handle it. The stay way reversed and I agreed to a plan modification to cover the attorney fees. My attorney's office never filed the plan modification and now my trustee is motioning to dismiss my chapter 13 or convert it to chapter 7. I never receive any phone calls from my attorney and it is difficult to even anticipate a return phone call if I leave a voicemail. My note is current, my trustee payments are current, what can I do to reverse the motion with my trustee.

  • #2
    Sounds like the trustee does not believe that you can keep up with the modification and wants you to convert this to a chapter 7 since it appears you may be unable to meet the conditions of a chapter 13; that is what I think is happening based on what you are saying. I see the logic in the trustee's position but suggest that you consult a bankrtupcy attorney local to your state to see their understanding and ideas. I think it really depends on if you want to fight the trustee, or convery to a chapter 7