I received a notice that the Chapter 13 Trustee has filed a motion to dismiss my case. What do I do?

There are two different time periods when the Trustee might file a motion to dismiss. The first time will come within the first couple of months after filing, and the hearing will be set for 9:30 in the morning. If you are my client, meet me on the 6th floor of the Bankruptcy Building at that time.

At this early stage, the Trustee wants to know that you are going to make your Plan payments. The best way to do that is to pay ahead of time if at all possible. Bring your paycheck stub(s), showing that the money is coming out of your paycheck. If you are paying directly, bring your copy of the cashiers check or money order that you used to pay.

The other time that the Trustee will file a motion to dismiss could be any time within the next few years, and the problem will be that your Plan payments have not been coming in as they should. You may have lost your job, or changed jobs without telling the Trustee, or you might have been injured and off work for a few months. That motion will be set for hearing at 8:30 a.m. Regardless of the circumstances, as long as you show up for the hearing, the Trustee will usually give you a few more weeks to get back to work. If you do not show up, the case will be dismissed.

Unless something unusual happens, I do not attend 8:30 hearings. The Trustee wants to look you in the eye, and I can’t help you there.