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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-29-2004, 07:58 PM
vallejo0000
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Chapter 13 Dismissal


What is the name of your state?What is the name of your state?AZ

We hired a paralegal to help us file chpt 13. All paper work was signed and was to be delivered to the courts by the paralegal. I had a contractor come to my home to see if the property was vacant (by Lender). My gut feeling was that something was really wrong! I went to the courts and was told that my case had been closed. It was recently dismissed for failure to provide schedules and plan. Notification was sent to the paralegal. I could either file a motion to reinstate and pay $200 and file the schedules or submit a new case. The paralegal is missing in action. What do I do. The lender is asking me to fax the reinstatement so that they can resolve the situation. But there is none. Do I reinstate the loan with the courts and will that satisfy the investor or do I file a new case? I am worried, scared, angry, and lost. What should my next step be.
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Old 10-30-2004, 09:58 AM
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First of all, using a paralegal to file a complicated CH 13 is a fools task. Ch 13 is not something anyone should attempt pro se. The paralegal ripped you off for whatever he/she charged you, now you're screwed. The best thing to do for your own good is reinstate the case ASAP - get a lawyer !!! His fee will be included in your plan payments. Filing the papers is only the 1st step !! You then need to produce a full plan and all the schedules w/in 15 days of the initial filing. Obviously the paralegal ran off with your $$ and you left all control to this person ! Bad idea. Unless you re-file or reinstate the case, you're going to lose your home.
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