@Anonymous wrote:I am new here but have been reading some posts. I received a motion for dismissal from my trustee and freaked out because I have been paying on this BK13 for 5 years and 8 months without missing a payment or being late. I called my attorney right away and he looked into it. He said we will dispute this motion and there is a court date for Oct. 14th. Has this happened to anyone else? The trustee's reason was that the case went past the 5 year mark. I don't understand all this. I paid the secured debt and now there is unsecured debt. Can this continue on until those last creditors are paid? What can I expect on Oct 14th?
I'm sure your lawyer knows this (I hope) but hopefully he/she will be asking for your discharge not a dismissal! Have you completed all of your financial completion courses? If he dismisses it, it will stay on your record for 10 years, vice 7 if it is discharged. Make sure they get that verbiage correct.
@Anonymous wrote:The papers from the Trustee kind of aludes to the fact that he screwed up with the plan and hopes the judge will consider the payments complete. So, I am hoping for the best.
Yes, there is a completion financial course you are supposed to take. Usually lawyers have clients do both of them in the beginning so that won't be an issue (at least mines did). Good luck to you! Hope everythng works in your favor.
I am terrified of chapter 13 because the trustee has complete latitude with who gets paid. My Tax attorney told me a horror story about a client of her's that filed 13 to deal with IRS tax debts he owed. It was a 3 year plan and at the end the IRS STILL was after him because the Trustee paid off his unsecured debt and not the IRS. 
@BuckiRob wrote:I am terrified of chapter 13 because the trustee has complete latitude with who gets paid. My Tax attorney told me a horror story about a client of her's that filed 13 to deal with IRS tax debts he owed. It was a 3 year plan and at the end the IRS STILL was after him because the Trustee paid off his unsecured debt and not the IRS.
^^^I believe that your attorney told you this statement, but I am having a hard time believing it actually occurred because IRS debt is a priority debt in Bk. I think there is either more to the story or the tax attorney was working on you to work out some other payment plan.
Ch 13 for tax debt is not unusual and the Trustee is not going to skip over the IRS to pay off some unsecured creditor! It just seems to be one of those urban myths....