If my Chapter 13 case has been dismissed because I forgot to file the verification of confirmable plan, how do I file a motion to re-open my case?

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If my Chapter 13 case has been dismissed because I forgot to file the verification of confirmable plan, how do I file a motion to re-open my case?

At this point, I am also behind on my payments to the trustee.

Asked on October 30, 2013 under Bankruptcy Law, Colorado

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

Before you can even think about reinstating your case, you must be prepared to move forward.  Thus, you will whatever document was missing, presumably the verification, as well as be prepared to pay any past due payments to the trustee.

Assuming you are capable of meeting the requirements, you must file a motion to vacate the order dismissing your case and reinstating the proceedings.  The specific date of the dismissal order must be referenced.  Check with the clerk  of the Bankruptcy Clerk to determine when the assigned Judge hears Chapter 13 motions.  The motion and notice of motion must be filed with the Clerk at least 4 days prior to the hearing and a copy of both must be sent to all creditors and the trustee on the day of filing.  You will have to appear and explain the failure to file to the judge.  If you are not current with your payments, the trustee will object.  I would advise that you have money orders sufficient to bring your case current at the time the motion is heard.  If granted, endorse them to the trustee.  If denied, put them in you pocket and be prepared to start over.

You also could hire an experienced Lawyer to get you through the maze.  Most lawyers in a chapter 13 require minimal money up front and are paid over the course of the plan.

Good luck


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