Failure to Respond

Communication is a two-way street.  If your attorney asks you for information or documentation, it’s probably for an important reason.  The information could be required in order to respond to an issue raised by the Trustee or the Court.  The Bankruptcy Code allows the Judge to dismiss a Chapter 13 case for “unreasonable delay by the debtor that is prejudicial to creditors.”

Let’s address another common misunderstanding: Bankruptcy cases don’t just get mysteriously “cancelled” somehow by a Trustee or creditor.  Bankruptcy cases can only be dismissed by a Judge, on a written Court order.  If you are worried about your bankruptcy case being dismissed, you should know that these things usually happen during a hearing, or after the time has passed without response to a written motion.  

Keep up with any notices about your case, especially if they set a hearing or set a deadline for a response.  Check in with your attorney to ask what the hearing is about, and whether you are expected to attend.  Your attorney might be waiting to hear from you! 

A final word here.  Make sure your attorney knows how to get in touch with you.  How will you receive messages from your attorney?  Whatever the arrangement, make sure you check for messages frequently. 

A public education project of the National Association of Chapter Thirteen Trustees

© 2021 BFINE

The materials on this website are for general information purposes only and should not be construed as legal advice, legal opinion, or any other advice on any specific facts or circumstances. You should not act or refrain from acting upon this information without seeking professional advice.