[MsLiberty4all]

Under my Ch. 13 bankruptcy, my payments were based on my employment and child support. I have since been laid off(not long after filing), and have not received a child support payment in 8 months. My attorney hasn't been returning my calls, and even after knowing my income situation, he didn't have my payments lowered. In the meanwhile, I had to miss a couple of payments(my income has changed by 50%), I received a MOTION TO DISMISS FOR FAILURE TO MAKE PAYMENTS. What happens next? What are my options?

[twinkiedooter]

Your attorney cannot lower your payments to the court, A hearing would have had to be held with the Trustee in order to have them lowered.

At this point once your Chapter 13 case is dismissed you can have your attorney file a Chapter 7 for you.

I'd write him a letter and ask him if he would do this for you. But be advised that you will have to pay the filing fee all over again for the chapter 7 filing and his attorney's fees as well.

[XTC832]

If your attorney isn't returning your calls, you are allowed to call the Trustee directly and let him/her know that there's a problem. If the Trustee questions you as to why you are calling him directly then explain to him as you did in your post that you have a loss of income and you're seeking a reduced payment plan. But also inform the trustee that you're having trouble reaching your attorney.

The motion to dismiss can be revoked by the trustee if a plan is proposed before the deadline. Most trustees would rather review (and approve) a modified plan than to see the case fall apart completely. If you're only a couple payments behind, then it might be entirely possible to make them up. If future payments seem unlikely and/or untimely, then the case may be dismissed. At that point, it may be re-instated, but only if missed payments and late fees are paid. It's possible to refile a Chapter 13 but you need to also ensure the automatic stay can be extended.

It is possible to convert to Chapter 7 but you would have to perform another means test (and qualify) and attend another creditor meeting. There is also a notice of conversion (and fee) that must be filed. But keep in mind, the conversion must be approved by the trustee. Your attorney will be able to help you with that, but if he seems unreachable, then you may get another attorney. (You should also have an attorney look into the missing child support payments.) But please keep in mind, Chapter 7 is liquidation bankruptcy. Depending on your state and the exemption amounts, you may have to surrender property and/or assets. Take care.