Expert: Mark J. Markus- California Bankruptcy Attorney - 7/24/2008

Question
QUESTION: If the trustee sent notice to an incorrect address, and I never received it what can i do if my case was dismissed March 2007; how do i fix it so I can buy a home?

ANSWER: If the case was dismissed without a bar to refiling, then you should be able to just file a new Chapter 13 case.  If for some reason you need to continue the old Chapter 13, then you need to file a motion to set aside the dismissal with evidence that the Notice and Motion to Dismiss was not served on the address of record you had on file with the court.

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QUESTION: When I filed, I lived at an apartment address.  I got divorced and moved during my chapter 13.  I informed my attorney's office of the address change as well as mailed payments from my current address to the trustee.  Is this in my favor or does my current address have to be the one on file with the court?  If this can't be fixed, none of the remaing creditors have contacted me in the time since the dismissal so, what should I do with the remaining bankruptcy balance of $3771.78 owed to those listed in the bankruptcy?  I was told by a lender that I could not buy a home because of the dismissal.

Answer
You're asking me questions I cannot answer.  I don't know if your attorney filed the change of address with the court, or what the basis of the dismissal was to begin with.  There are bases for seeking to reopen a case and you need to consult with an attorney in your area to see if your facts fit into that mold.  A lot also depends on who the judge is in your case, which is another reason to consult with local counsel.

If you do not go back into the bankruptcy, you would have to pay whatever is owing to the remaining creditors (or, more accurately, they would have the right to seek payment from you).