Legal Question in Bankruptcy in Virginia

Chapter 13 reinstatement for failure of payment

I failed to make ontime payments to the Trustee which caused my case to be dismissed. This was due to unemployment and my employer failed to send in deducted payments from my wages. I only received the notice to ''stop withholding wages'' from my employer 21 days after the date of the dismissal. I did not receive any notices/subpoenas prior to this. I would like to reinstate my plan. How and can I have my original plan reinstated? If not, what steps do I need to take to continue paying the creditors arranged in the bankruptcy to protect my assets? How will the dismissal affet my credit? This case is being handled in the Eastern District Court of Virginia - Richmond.


Asked on 12/05/04, 12:59 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Chapter 13 reinstatement for failure of payment

You can file a new Chapter 13 case or, if your lawyer acts quickly enough, s/he may be able to get the court to reinstate the case. Your lawyer should have told you that s/he received a motion to dismiss -- you should ask your lawyer about that. If it was not received, that might be good grounds to reinstate the case. You will have to catch up on the missed payments, though.

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Answered on 12/05/04, 7:52 am


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