Dismissal

[mekat]

What is the name of your state? FL

I will try to make this short. I have to go to court as they want to dismiss my chap. 13 for non-payment. I am behind two payments to trustee (and mortgage co. also). Trustee is also requesting I cannot refile for 6 mos.

I am not represented by an attorney so if someone could please give me advise. I want to mention that since the filing of my 13 I have become disabled. I will soon be getting disability (2-3 mos). Here are my questions:

I want to plead to the Judge to either give me an extension (60-90 days) to acquire an attorney, or to catch up payments while making the current ones. How do I do this? Could I type a letter and present it to him and trustee at hearing? Also I had a large settlement (from an accident that disabled me) come in and it was applied to my chap. 13. Under the circumstances (of monies applied) would the Judge be likely to extend this? One last thing, the court does not know I have been deemed disabled. Should I take in papers for that?

 

[Ladynred]

Good grief !! If you can get it together ASAP, convert to a CH 7 before your 13 is dismissed !! It only takes a little paperwork and since your situation has changed considerably, then definitely try this if you can. Disability is a major change, so having proof won't hurt you. You can ask for an extension on those grounds, but under the circumstances I'd be moving quickly to convert if you can.