A Motion to Dismiss your chapter 13 case is generally brought by the chapter 13 trustee. This motion is usually brought by the trustee to dismiss your case, because of failure to follow some sort of provision in your plan or the bankruptcy code.
Commonly, Motions to Dismiss are brought for the following reasons, failure to make your plan payments, failure to turn over tax refunds or other property of the bankruptcy estate, and failure to provide your tax returns.
If you have received a Motion to Dismiss there are a few things you should do. It's best to contact your attorney as soon as you can, they will be able to give you options on next steps to take.
One option is completing the reason behind the Motion to Dismiss. For instance, if your motion is for failure to make plan payments, you could catch up your payments. If your motion is for failure to turn over your tax returns, you should turn them over. Or if you motion is for failure to pay your tax refunds, you should pay those in. When you complete the reason behind the motion the trustee’s office will withdrawal the Motion to Dismiss.
Another option you may be able to utilize is a plan modification. This will only work in certain situations, so it is best to speak with your attorney about a modification. A modification could look at extending your plan payments, if you are able to. It also could look at adjusting your plan payments to account for those missed.
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The best thing to do if you have received a Motion to Dismiss is to contact your attorney. Visit www.lifebacklaw.com to speak with your attorney today. You will be glad you did!
