A Motion to Dismiss is filed by the Trustee for usually one of three reasons:
- You have fallen behind on your trustee payments.If you have fallen behind on your trustee payments you will have to bring your payments current by the hearing date or the court will dismiss your case for failure to comply with your Chapter 13 Plan.
- The claims filed by your creditors have come in higher than anticipated therefore creating a terms issue. Meaning with the increased claims your Chapter 13 Plan is running over the Court allowed 60 months. (The maximum amount of time you are allowed to remain in a Chapter 13 is 60 months)If your claims have come in higher than anticipated please call our office immediately so that we may review these claims with you to determine if the claims are valid. If you believe that a claim is not correct YOU MUST PROVIDE OUR OFFICE WITH WRITTEN PROOF of the correct amount before we can object to the amount.
- You have failed to provide the Trustee with a copy of your tax returns and/or failed to submit your tax refund to the Trustee as required by your confirmed chapter 13 plan.If you have failed to provide our office with a copy of your tax return please do so immediately so that we can provide the Trustee with a copy. If you have failed to submit your tax refund to the Trustee please calls our office so we can discuss and determine what amount if any you are allowed to retain.