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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-23-2009, 01:56 AM
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Unhappy

Motion To Dismiss Ch 13


What is the name of your state (only U.S. law)? Ohio... We have been in Chapter 13 for 5 months. At our creditors meeting with the court the trustee told our attorney that the vehicle that we currently lease could not be paid outside the plan and had to be included in the plan. So our attorney had to re-submit paperwork to the trustee to do that. So the first payment plan was revised. I received a letter two months later stating what the new plan payment was going to be. I have payroll deduction for my plan payments. Payments have been made every check. What I did not realize is that my employer is not taking out the revised amount. Now today I recieved a letter for a motion to dismiss due to failure to make payments. What should I do?
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Old 10-23-2009, 08:10 AM
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Join Date: Jul 2007
Posts: 1,274
Contact your lawyer and tell him what is going on. Also contact your employer and find out why they didn't deduct the new amount. Don't worry, if you have to go to a hearing your lawyer will just explain what happened to the judge and promise to fix it. The judge will then give you a chance to fix the problem. I had several SNAFU's in my 13 and had to go in front of the judge to clear them up.
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