I received a Trustee’s Motion to Dismiss my case for delinquency. What does that mean?

If you receive a TMD, remember that calling the Trustee to state that you have mailed in the delinquent amount will not stop your case from being dismissed. Unless the full delinquent amount (and any payments which have come due in the interim) have been posted to your case within 15 days of the date the motion was mailed, your case will be dismissed.

The Trustee has no authority to let you miss a payment, make a payment late, allow you to pay less than your plan requires or change your payment date. Only the judge can make such decisions. When you expect that you will not be able to meet the obligations of your plan, you should contact your attorney immediately to ask the judge to change the requirements of your plan in order to accommodate your changed circumstances. Don’t wait until you are delinquent to take action.

Category: Delinquency