So you’ve just been notified either by
our office or from the court or by both parties that a motion to dismiss has
been filed in your case so what is this how do we resolve it watch our next
video and find out some motions to dismiss is actually a
pretty common motion that’s going to get filed in a chapter 13 case for some
clients that can be filed either because you’ve fallen behind on your trustee
payments they can be filed because maybe you had a deal with one of the creditors
in your case and you have failed to live up to the terms of that consent
agreement and now they’re asking that your case get dismissed or your case is
running over the 60 months that you can be in a bankruptcy and the trustee is
asking that you either fix this which means increasing the payment or they’re
going to dismiss the case so how do you deal with it what happens so the first
thing to remember is when you receive this motion you need to read it read the
motion read what the trustee is saying in terms of the amount that you’re
behind now you can easily log on to any of the trustees site sites excuse me and
you can log into your account and see exactly how much money is posted and
where it’s gone if you say that maybe there are payments that have not been
submitted by your employer or maybe you’ve mailed some payments in and they
weren’t posted for whatever reason you need to pull your paychecks you need to
pull proof that you had sent those payments in and get those to the
attorney our office so that we can start looking and seeing what’s going on now
there is another reason why your motion a motion to dismiss may be filed in your
case and that’s because your case is exceeding 60 months that’s the language
you’ll see on the motion and that means that maybe some of your claims in your
case have come in higher than you anticipate it because remember when your
case is initially filed you’re actually giving us an estimation of what the
claims are but until those claims are actually filed we don’t know and so some
of those claims might be higher and that’s causing your case to run over 60
minutes it’s actually a pretty easy fix you need to get with our office we can
amend the plan and we can increase your payment – to get you within the 60
months sometimes we actually look at claims and the clients like hey that’s
not even my claim or that claims not right here’s why and we can object to
that claim whatever throwing off your case and maybe your
payment stays the same this is going to be very different in every case but the
important thing to remember is when you receive a motion to dismiss from the
court make sure you read it and then make sure you set up a time to review
this with our office because these can almost always be resolved very easily
you just need to make sure you get with us so we can start working with the
trustee to resolve it if you ever have a question about this or anything else in
your case please don’t hesitate to contact us and we’re always happy to
help you