Legal Question in Bankruptcy in Florida

My chapter 13 trustee dismissed my case because they said we did not turn in our business records. We did turn in our records and notified the trustee and our attorney. They returned our money to us, which we held on to. Within a month they reinstated based on the fact that they had made a mistake. They then asked for an additional $6000 plus the returned money. We did not have the extra funds, so our attorney suggested ch 7. Following his direction we did this. Our debt has been discharged. It has not been two years since the original dismissal by the ch 13 trustee but our house is now in foreclosure and the bank will not deal with us. Once the ch 13 returned funds to us, immediately the bank would not work with us. We are ready to lose our house and I don't know if the ch 13 trustee can be held responsible for their mistake. Prior to the chapter 13 we had never missed a mortgage payment. Any ideas?

Asked on 11/29/09, 10:12 am

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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No, he cannot. It would not have affected your financial inability to pay your debts and foreclosure caused by not paying the mortgage.

Answered on 12/04/09, 11:29 am

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