Bankruptcy Law/Chapter 13 dismissed?
Expert: Mark J. Markus- California Bankruptcy Attorney - 2/22/2004
QuestionI filled chapter 13 on (to save my home from forclosure and I also had $19,000 in unsecured debt) 6-10-2003, all was fine until Jan. 2004. My cars transmission went out, and I have No transportation, hince, my income stopped due to my work (swimming pool sales), My last check was only $533.00, in month of Jan. 2004.
I missed my house payment Jan. and Feb. and the mortgage companys( Lawyer) Copied me a letter of "Notice of appearance and demand for service" yesterday 6-21-2004. Also the Trustee sent me a Request for dismissel due to I missed the Feb. 15th (125.00) payment to him. I paid the Jan. Late, which is what triggered the Latter from the Trustee, his office told me yesterday, The case was to be dismissed by Trustee yestday at 4:00 pm. They do not even Know about the Mortgage co. as of yesterday.I do not have the $125.00 to Pay the trustee, Let alone the 780.00 x 2. that I owe for Jan. and Feb.
The case has Not been Confirmed Yet, I just sent in (2-17-2004), the Paperwork called "The Final Plan" to the B/R court.
I wish to Keep My home (I am 55 years of age and it will be paid-off in 7 years. It is worth about $72,000 and Payoff is $45,000 as of now.
I start a New Job 2-25-2004(in walking distance of my home), Were I will be able to Do my plan!
Question? How do I keep My Home, It is the most important(only) asset I have for working all my life. All was Great till Jan.! What can I do, I filled my own B/R papers, could not afford an attorney! I know I have to do something fast as the Bank really seems to want my house.
Also what about Conversion to chapter 7? How, do I find the forms to convert? and would it help? Can I appeal the Dismissel or reapply, again? I have seen on the internet If it is w/oPrejudice, then I could refile before the mortgage company Forecloses? I don't know what it would take to be with Prejudice I hope something More serious then what has happened?
Thank You very much, Michael
AnswerYou need to get an attorney today. This is way more than you can handle on your own, or that I can advise you on. You can probably file another Chapter 13 case if your new job will yield sufficient income to fund your Plan and pay the mortgage arrears. If the court places a 180-day Bar on refiling, you will need to also file a motion to reconsider that penalty.