FORM E-5 (revised 12/01/09) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF WEST VIRGINIA In re , , Debtor(s). Case Number Chapter 13 Adjustment of Debts NOTICE OF CONDITIONAL DISMISSAL FOR FAILURE TO MAKE PAYMENTS TO TRUSTEE NOTICE is hereby given of the motion of Helen M. Morris, Trustee, praying for dismissal of the above-styled case for the failure of the Debtor(s) to make the payments to the Trustee required by their Chapter 13 plan. NOTICE IS FURTHER GIVEN that an order mey be entered dismissing the Chapter 13 petition : (1) all delinquent payments are made to of the above-named Debtor(s), unless by the Trustee; (2) a payment plan that will cure all defaults is accepted by the Trustee; or (3) the Debtor(s): (a) voluntarily convert this case to a case under Chapter 7; (b) file a motion for hardship discharge; or (c) move for other appropriate relief. IMPORTANT NOTICE TO DEBTORS You have failed to make the payments to the Trustee required by your Chapter 13 plan. If you are represented by counsel, contact your attorney immediately. To prevent dismissal of your case you must do one of the following by the above date: 1. Submit all delinquent payments to the Trustee, Helen M. Morris, who shall notify the Court that such payment has been made; or 2. Obtain approval of the Chapter 13 Trustee of a payment schedule that cures all payment arrearage that have occurred since your Chapter 13 Plan was filed or confirmed and file a written statement with the Clerk that such approval has been obtained; or 3. File: (a) notice of voluntary conversion of this case to a liquidation case under Chapter 7 of the Bankruptcy Code; (b) motion for hardship discharge; or (c) response to the Trustee’s motion, requesting relief appropriate to your circumstances. Such pleadings must be filed by your attorney; if you are not represented by an attorney, contact the Trustee. DATED: M. Jo Proops Clerk, U.S. Bankruptcy Court By: Deputy Clerk American LegalNet, Inc. www.FormsWorkFlow.com