Legal Question in Bankruptcy in Massachusetts

bankruptcy dismissal

In July my I filed for Ch 13 bankruptcy. The plan was confirmed on August 1st and I have been making my payments on time to the trustee. The main reason I filed was because I was behind on my mortgage payments and had no way of making them up. Since then I had a returned check from my mortgage company but when I go online to make make payment it is never included in the amount now due. Today I received a notice from the trustee that she is asking the court to dismiss my case because she has reviewed the proofs of claim filed and believes that the plan in not sufficient to pay all of the claims filed, in particular the claim of my mortage company. I am assuming this has something to do with my returned check. The notice says that I have 20 days to object to this. What does this mean? Will I have to goto court again? I just do not want to lose my house. Will my attorney be able to change the payment amount? I have tried to contact my attorney but have not been able to get in touch with him because of the holidays and i am really stressing out over this. Please help me if you can. Thank you.


Asked on 12/26/03, 6:16 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: bankruptcy dismissal

Hi. My practice is 95% bankruptcy, so I am very familiar with this situation. It is nothing to panic about, you (and your lawyer) have some work to do. The trustee's motion has nothing to do with a bounced payment to the bank. The trustee's motion just means that your creditors filed claims that total more than you estimated. You just need to amend the plan to provide for the higher claims. It happens all the time. If you can't reach your lawyer, call me and I will help you. Really, it is nothing to panic about. 617-367-4260.

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Answered on 12/26/03, 11:29 pm


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