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Atlanta Bankruptcy Attorneys

Helping Georgia Consumers Make a Fresh Start

What Do You Do If a Motion to Dismiss is Filed?

In a Chapter 13 bankruptcy there is a monthly payment made to the Chapter 13 trustee either by wage order where your employer sends the payments directly to the trustee or by money order that you send in every month. Making this on time monthly payment is a condition of the bankruptcy. Failure to makes these payments can result in a Motion to Dismiss by the trustee. This motion is the trustee asking the court that your case be dismissed for failure to comply with the conditions of the Chapter 13. There are several options in dealing with a Motion to Dismiss in a Chapter 13.The simplest way to resolve a Motion to Dismiss for Failure to Make Plan Payments is to become current on the payments. When a Motion to Dismiss for Failure to Make Plan Payments is filed there is a response date listed on the Motion. If you are current by this date then the matter is resolved.  If you cannot become current then you need to contact our office to review your options.

If your Motion to Dismiss is for exceeding 60 months then this means you need to come into the office to review your claims because one of your claims has come in higher than you anticipated.