[ideclare]

I was in a chap 13 for 5 months when I was sued. My atty filed a suggestion of bankruptcy & notified his atty. His atty still filed for a summary judgement but was stayed. His atty called the trustee to challenge my confirmation saying I will have a judgement soon and won't be able to afford plan payments. The plaintiff has no contract or basis for the suit. The judge chastised the trustee & gave me 60 more days to get ready for confirmation. He knows I am strapped for funds so he has said he will outlast me legally with money. I had to pay my atty so I was 5 days late with my plan payment. The trustee hapily filed a motion to dismiss. My chap 13 was dismissed in July 22 2011. Apparently his atty re-opened the judgement motion (I never got notice of this). I got notice on nov 10th of a defaullt judgement filed on oct 31st. What do I need to do to reverse this. Can I do it myself, I have no funds for an atty. Can I sue these criminals for damages?

[Fr_Chuck]

Attorney fees can and are normally included though the chapter 13, so I don't understand separate payments.

But you made the wrong choice, the judge was not happy, they don't care. You needed to pay the court first

Next if included in the chapter 13, the other side can contest it in hearings in court, but he was in violation of rules to attempt a judgement, and should have been warned by the court. Having money does not help him, if you just follow the rules,
Why not just do a chapter 7 if you can't do payments

[AK lawyer]

... i had to pay my atty so i was 5 days late with my plan payment. the trustee hapily filed a motion to dismiss. my chap 13 was dismissed in july 22 2011. ...

That was the first mistake. As Fr_Chuck says, what possessed you to pay the attorney rather than make you plan payment?

... apparently his atty re-opened the judgement motion (i never got notice of this). i got notice on nov 10th of a defaullt judgement filed on oct 31st. what do i need to do to reverse this. can i do it myself, i have no funds for an atty. can i sue these criminals for damages?.

Move to set aside the judgment. Whatever the attorney said to the contrary, this civil case was stayed by the Ch. 13. Therefore he should have served you notice that he was asking for judgment, post dismissal.

As far as suing them for damages, I am afraid it's doubtful. I suspect he was unaware of the bankruptcy, so his arguable violation of the automatic stay was inadvertent. In any case, how were you damaged by the civil case being filed while the bankruptcy was pending. The major damage you have suggested, dismissal of the Chapt. 13, was caused by your ill-advised failure to make timely plan payments.