Vacating Dismissal Order in Ch 13 - VZ
Posted: Sat Nov 18, 2017 10:13 am
I represent a chapter 13 debtor who has frequently had problems making plan
payments, mortgage payments, etc. Just a few months ago the mortgage
creditor obtained relief from stay, but then the debtor paid up and the
court approved a stipulation vacating the relief from stay order.
Now, the trustee filed a declaration an order to dismiss the case based
upon a 2015 order granting TMD upon declaration. In the time it took for
the court to sign the order granting dismissal, the debtor paid all amounts
owed to the plan.
What are my chances of getting VZ to vacate his dismissal order? The
debtor has only 5 plan payments remaining prior to being eligible for a
full compliance discharge. Should I seek a stipulation with the trustee as
part of vacating the order?
Finally, I now work from home in Kansas and this is a situation where I
believe the debtor would be better served by having counsel present (if a
hearing is required) rather than an appearance attorney. The case is
presently dismissed. I've reviewed the RARA and my fee agreement with this
client, and I believe I could suggest the client seek local counsel and
substitution of attorney for the motion to vacate, but I'm not sure I like
doing that either.
Comments and suggestions are appreciated. Thanks.
Link W. Schrader, Attorney
Law Office of Link W. Schrader
P.O. Box 412914, Kansas City, Missouri 64141
Home Office: (913) 283-7118; Mobile: (310) 413-6924
Fax: (310) 878-4158; www.schrader-law.com
Admitted to practice law in all courts in California and Missouri, and in
the federal courts in Kansas.
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