what are the causes for a chapter 13 bankruptcy case to be dismissed after confirmastion?
I filed chapter 13 prior to law changes last year and the repayment plan was confirmed. Upon filing, the amount owed to creditor which came up in the credit reports was 4 times what was actually owed. I think my identity may have been stolen, or collection agencies may have double or triple dipped me. I have been making timely payments to the trustee for 12 months now. Yesterday I received a letter from the trustee advising that she’s filed a motion to dismiss due to “material change prejudicial to creditors in payment terms resulting from unscheduled, unlisted, or improperly listed tax or other claims.” I owe no property or income taxes, have not sold or transferred any property, and have not acquired any new debt. I went to my attorney this morning, who claimed they had not received this letter. The attorney handling my case was in court all day and has not returned my calls or emails. HELP
July 20th, 2009 at 3:22 pm
YOUR ATTORNEY IS REALLY THE ONLY ONE THAT CAN HELP YOU WITH THIS.
IN MY EXPERIENCE THIS MEAN THAT THEY THINK YOU WERE NOT COMPLETELY HONEST WITH THE ITEMIZATION OF THE AMOUNTS YOU CLAIMED YOU OWED. HOWEVER, THE CREDITOR SHOULD HAVE FILED A “PROOF OF CLAIM” AND LISTED THE AMOUNTS YOU OWE.
IT IS NOT UNCOMMON FOR TE AMOUNTS ON YOUR CREDIT REPORT TO BE LOWER THAN THE REAL BALANCE.
THE CREDIT REPORT OFTEN DOES NOT LIST INTEREST, CHECK FEES, COURTS FEES AND THINGS LIKE THAT.
KEEP CALLING YOUR ATTORNEY, YOU ARE ALWAYS GIVEN SO MANY DAYS TO OBJECT. THE ATTORNEY WILL HAVE ALSO RECEIVED A COPY OF THE MOTION.