What can I do about a Chapter 13 that was dismissed by the trustee?
Question Details:
I filed for chapter 13 bankruptcy and the money had been going to the trustee for almost a year and then my lawyer calls me and says the judge threw it out. Now all my bills that were supposed to have been included with the bankruptcy, including my house payment, are adding up and behind. I have foreclosure notices and threatening letters. I cannot get my lawyer to even return my calls. The trustee has not sent us our money back from where they took all the money out to pay my creditors. What can I do?
There's no way I can answer your question without knowing a LOT more information about your case and why it was dismissed (I assume that's what you meant by "thrown out"). Cases don't just get dismissed. They get dismissed after a Motion to Dismiss is filed and you are given notice and an opportunity to oppose the dismissal. Motions to Dismiss are not filed unless you failed to do something you are required to do. I have no idea why your case was dismissed without reading the Motion to Dismiss and the court's order dismissing the case. If your attorney is not communicating with you, you need to contact your State Bar Association and report him. In the meantime, you need to find another attorney in your area to look up your case file and advise you on what to do. You can probably re-file a new case, but again without a lot more information and seeing the case documents, I don't know.
